aberration: Fruit pies arranged on a rising set of circular shelves. (warm and safe and)
veronica ([personal profile] aberration) wrote2016-02-16 02:25 am
Entry tags:

United States political stuff, ignore as desired

And now, apropos of nothing:



- I don't really begrudge people for, you know, eulogizing the dead or being perfectly willing to speak ill of them. I don't think it's wrong for people to relate to even those whom they strongly disliked through the base human connector of our own impending mortality, to generally feel that death is something we can be sad about, to feel bad for friends and loved ones. I can also accept the point that this wasn't just about disliking someone over political disagreements – Scalia's actions had real consequences for many people. His selective empathy was actively harmful to others. (He'd argue that he didn't engage in empathy, that empathy shouldn't be part of the judiciary – and I'm saying that far from it, he was perfectly willing to empathize with those within his own experience, and is considered a stalwart of the Court's conservative wing because he was, as loathe as I am to use this term, a conservative "activist judge,") Which is why I also think it's okay for those affected by him to not exactly want to play nice now, either. I guess I think it's okay for people to have compassion for those who would have never shown it to them – but to also not bother with it at a point and in a way where it doesn't make that much of a difference. (As long as you're not like, meantweeting his relatives or something. And I'm pretty sure if Scalia himself could witness this he definitely wouldn't care.) I mean, it's just really – feel how you feel, and then move on.

- I feel like this is what I'm going to get jumped on for more than anything, but: Scalia's death also felt weirdly personal to me. Less like some distant famous person, and more like an extended family member whom I didn't like but was generally familiar with. I don't mean it in a weird way, it's just, when you've read a zillion opinions, you start coming at the justices with expectations as to their character and thoughts and processes. And yes for Scalia most of the time that was "oh look, he's being an asshole, what a surprise;" but that's still a kind of familiarity nonetheless. And it's in a particular kind of way – like recently I was reading a case where I actually did kind of agree with him (it's a boring patent thing I don't want to get into it), though I was texting my friend that I felt he was only writing this opinion I kind of agreed with because he was annoyed at the rest of the justices over something else rather than actually caring that much, because that was a real Scalia thing to do. The point being that I had a very specific idea of "a real Scalia thing to do." And his death made me realize that gave me this false but still present sense of closeness, albeit with most of my texts about him being … very loud complaining.

- But seriously Republicans, Strom Thurmond doing a thing one time does not equal accepted precedence, and also Thurmond doing that thing wasn't even about Johnson's "lame duck" status, it was about Thurmond being pissed at Earl Warren. If you really want to be strict constitutionalists, which you don't because textualism is just bullshit (yep I'm still applying that to Scalia), then we all know that the Constitution doesn't include any limitation on when presidents can appoint SCOTUS justices, and that the Senate approval is meant to be a review of merits, and not a political weapon. Except now it will be. What is unprecedented is an eleventh-month vacancy on SCOTUS, which shouldn't be annoying as shit at all when we proceed to have a bunch of deadlocked cases, thanks. (aaaand also you replaced Thurgood Marshall with CLARENCE THOMAS YOU REPLACED THURGOOD MARSHALL WITH CLARENCE THOMAS SHUT UP)

- Also jesus the preeminent conservative of the Supreme Court dying during an already ridiculous election year. It's like god was watching us and thought "you know, I actually would like that to be more fucking insane." Seriously if this was a West Wing plot I'd call it contrived.