Friday, May 8, 2009


By : Mr. Antonin G. Scalia, Associate Justice, United States Supreme Court, Seat 10 (1986-present)(Appointed by President Ronald Reagan); Law Professor, University of Chicago School of Law (1977-1982); Constitutional Originalist; Republican.

In the usual case, Supreme Court justices do not volunteer their opinions on political matters. See Baker v. Carr, 369 U.S. 186 (1962); Goldwater v. Carter, 444 U.S. 996 (1979). We are, after all, detached and independent legal scholars under our constitutional system. See, e.g., U.S. Const. Art. III, § 1; Federalist No. 78 (Hamilton). We could not perform our neutral interpretive role in if we constantly embroiled ourselves in Washington politics. Our allegiance lies with constitutional principle, not petty political loyalties. We do not squabble for votes or ridicule our political opponents. We render reasonable opinions consistent with the Constitution and laws of the United States. Personally, I do my utmost to remain faithful to the Constitution as our Framers understood it. If the People want to change the Constitution, they are welcome to do so. See, e.g, U.S. Const. Art. V. It is not my role to “invent rights,” “expand liberty” or “make things up” from the text. I just read and recite. I do not create. In virtually every case, I exercise judicial restraint; provided I agree with the law at issue.

But we live in extraordinary times. Never in my life have I witnessed such a stupid President. Contrary to my usual practice, I must speak out about President Obama. This man is going to run America into the ground unless someone stops him. Yes, I know the American People voted to elect him in large numbers. They are entitled to do so under Article II, § 1 and the Twelfth Amendment. Still, when the American People act in an irrational manner by electing a buffoon, I must assert my constitutional authority to protect them from themselves. See Marbury v. Madison, 5 U.S. 137 (Cranch) (1803).

I join my learned colleague John G. Roberts in denouncing President Obama as an idiot. Chief Justice Roberts wrote several months ago that he was “determined to make life difficult” for President Obama by issuing “occasional, irrational conservative judicial opinions” during his Presidency. See text at: Chief Justice Roberts referenced our institutional power as Supreme Court justices to resist inane Executive and Legislative measures by striking down laws inconsistent with our views. In a later article, Chief Justice Roberts soundly castigated Obama and the cult that reveres him. In that article, the Chief Justice rightly took offense over the liberal news media’s attempt to paint him a fool for misstating the President’s oath of office during the Inauguration Ceremony on January 20. Chief Justice Roberts spoke well when he said: “Screw you liberal assholes. I’m Chief Justice. You’re just a bunch of European-loving reds.” Id. True to his leadership role, Chief Justice Roberts swore that he would make “constitutional law personal” by opposing any law bearing Obama’s name. He also promised to abandon customarily polite Supreme Court rhetoric when writing opinions by including sentences such as: “Obama has his head up his ass if he thinks he can pass this bill, so help him God.” Id.

I fully agree with the Chief Justice’s sentiments. I fully support both his efforts to issue occasional, irrational conservative judicial opinions during Obama’s tenure, as well as his desire to “make constitutional law” personal by scrapping our usual reserve when writing opinions. Nonetheless, I believe that we must go further as an institution because our country has never elected such a dangerous man. I will not just occasionally issue irrational, conservative judicial opinions; I will always issue irrational, conservative judicial opinions. And unlike Chief Justice Roberts, I have no qualms about making constitutional law personal. I have been tongue-lashing my colleagues since I came on the bench in 1986. I never had a problem calling Justice O’Connor a country gal dingbat with fake hair, nor did I hesitate calling Justice Marshall a wheezy African Che Guevara. Believe me, I know how to call my current colleagues idiots, nincompoops, blundering old sots (Justice Stevens), screechy feminist hags (Justice Ginsburg) and anally overperfumed putzes (Justice Breyer). In fact, last year I opened an Institute celebrating my approach to collegiality: The Justice Antonin Scalia Society for Insulting, Degrading, Denigrating and Humiliating Your Professional Colleagues. See original opening remarks at: Basically, when it comes to constitutional law, there is no room to be nice. It’s a war in here. You’re either right or you’re wrong, and I’ll tell you straight out when you’re wrong. I don’t waste my time with this “politeness” bullshit. If you get an argument wrong, I’ll at least publicly call you a butthead—and probably more. I might even call your ancestors stupid, since dumb usually gives birth to dumb. The press loves me. If it weren’t for me, they would only hear gibberish in the Supreme Court building like “estoppel,” “collateral bargaining agreement,” “justiciability,” “prudential grounds” and “oyez.” But when I’m on the bench, they get some entertainment with phrases like: “Moron, please be quiet; you’re giving me a headache;” “You whiny ACLU hell-bitch, would you please shut up?” “Wait a second, so you’re saying there’s a constitutionally-protected liberty to perform semi-public cunnilingus?!?” “I should hold you in contempt for just being an imbecile;” “What part of ‘Stop talking’ did you not understand?” and “My God, are you really that stupid?”

But this is not about entertainment. This is war. President Obama threatens to destroy the constitutional system as we know it. He undermines our free market system by providing government funds to private banks. He brutalizes private contract rights by rescuing homeowners from default and bankruptcy. He promises “change we can believe in” by freeing terrorists and allowing “second chances” to drug dealers, child molesters, rapists, gang thugs and hired killers. He tarnishes America’s influence on the world stage by groveling in Europe and withdrawing our troops from Iraq. He even has appointed left-wing ideologues to run the Justice Department, guaranteeing bothersome, costly investigations into important private business dealings. He even said he would repeal the Defense of Marriage Act (DOMA), compelling States to recognize same-sex marriages under the Full Faith and Credit Clause. See U.S. Const. Art. IV § 1.

This is not progress. This is tyranny. And I have only one thing to say to the “President:” Kiss my white ass.

Did you notice that the President is black? What the hell were the American people thinking? We jail and execute black people; we do not elect them President. Believe me, I know we jail and execute them. I handle the appeals. They are almost all black. Our Framers wrote the Constitution to make sure that black people stayed where they were. Yes, yes, I know we have an “Equal Protection Clause” and a whole bevy of communist laws from the 1960s that try to assure “equal rights” to blacks (Civil Rights Act of 1964, Voting Rights Act of 1965, blah, blah, blah). But come on, that’s all just guilty rhetoric. We never meant to allow a black man to become President. And I can assure you that neither Madison, nor Hamilton, nor Washington, nor Adams, nor even Lincoln ever dreamed that a black man would occupy the Oval Office. For the record, I am not a racist; I am just telling you about our traditions and original intent.

On the other hand, I can understand electing a black Vice President or appointing a black Supreme Court justice. After all, Justice Thomas poses no threat whatsoever to the American people. He just does what I tell him. But my God, the President controls the military. Would you trust Justice Thomas to control our nuclear arsenal? I know I wouldn’t (no offense to Justice Thomas; you’re a great guy and you play ball, but you’re not ready to wage war). And let me tell you, President Obama is not an easy-going black man who keeps his mouth shut like Justice Thomas. He is a firebrand radical who goes to Baptist churches that perform frightening quasi-voodoo rituals. And unlike Justice Thomas, he actually claims to understand constitutional law. Obama is not a pushover; he is a black liberal Muslim revolutionary. But I’m not going to let him destroy our country. He can kiss my white ass.

In times like these, even Supreme Court justices must take sides. In calmer days, it was easier for me to simply apply constitutional principles without political overtones. But today, I have a duty to protect America from Obama. I believe I am uniquely situated to repel Obama’s attacks on American life. Along with Chief Justice Roberts—who shares my commitment to resisting Obama—Justices Thomas, Alito and Kennedy have already expressed a desire to block Democratic initiatives. We no longer have the luxury to abstain from political disputes in Washington. We are the Third Branch. Obama controls the other two. That makes us America’s final defense against socialism and equality. Thankfully, our Framers foresaw times like these. They knew that radicals may one day control both the White House and Congress. And they knew that, in such times, only the Supreme Court could protect lasting principle against frenzied partisan radicalism. We are the antidote against revolutionaries like Obama and Nancy Pelosi. We refuse to allow Obama to reinvent American society. We refuse to allow universal health care, government bailouts, mandatory disability insurance or “free rides” for terrorists, illegal immigrants and killers. We are the last bulwark against humanity and progress. Without us, America will transform into Europe. If we do not fight back now, America will commit itself to decency, compassion and mercy.

I like America the way it is, Mr. Obama. You can kiss my white ass before you transform our country into France, Belgium or Holland. We do not want utopia. We want protected contract rights.

America needs leadership, not reckless reform. Neither the President nor Congress can effectively lead this country. For that reason, the Supreme Court must step in to correct the imbalance. Although I traditionally refrain from political disputes, desperate times demand desperate measures. Unless the Court acts now, there is no telling what damage Obama, Pelosi and deranged Democratic agency heads will do to this country. For that reason, the Court must use every constitutional weapon at its disposal to stop this madness. We must first abolish the Case and Controversy Requirement. See U.S. Const. Art. III, § 2. We do not have time to wait for an actual “ripe controversy” to develop in the lower courts. We must issue theoretical opinions today, not overly pragmatic, technical opinions ten years from now. Contrary to accepted rhetoric, we do have the power to decide political disputes. We have invalidated elections before. See Bush v. Gore, 531 U.S. 98 (2000). To stop Obama, we should follow that precedent. We must declare the election results from 2008 invalid, then name a new President. To support our decision, we must merely note the colossal threat Obama poses to the American order. President Obama has already breached his oath to support the Constitution (see Art. II, § 1, cl. 8) by violating the Contracts Clause (Art. I, §10, cl. 1) and the Due Process Clause (Fifth and Fourteenth Amendments). His bailout plans unfairly distinguish between citizens without justification. We can only expect that President Obama’s plans will continue to ignore the Constitution. We will not tolerate them. He can kiss all of our white asses (including Justice Thomas’, whose ass is—for all concerns and purposes—white).

Time will justify our outrage against President Obama. He has no respect for the Constitution because he is committed to liberty, equality, justice, compassion, mercy, humanity and honor. Our Constitution does guarantee such things; it guarantees only orderly government and healthy interstate commerce. We are Supreme Court justices. We know what the Constitution means. President Obama may have been an uppity Ivy League law professor with “opinions” about the Constitution. Opinions about the Constitution are like assholes; everybody has one. But only we know what the Constitution really means. It means what we say it means, because we know what the Framers meant. And I know for a fact that the Framers did not want a black man in the White House, nor did they want a government that saves people from their own bad decisions. Put simply, President Obama is a traitor to our traditions. He has not supported the Constitution, nor has he defended the values for which it stands. In our system, we imprison terrorists; we do not free them because Europe scolds us. President Obama may think he is “fighting for equality and justice” in America. But we say he is acting illegally.

I cannot sit by in good conscience while President Obama destroys our constitutional order. As a Supreme Court justice, I intend to use every means available to oppose him. He might control Congress and the White House. But he does not yet control this Court. I will lampoon, criticize, castigate, denigrate, insult, demean and denounce him until my dying breath. And I will invalidate any law he signs. I will revile any document bearing his signature. I owe him nothing. I have my job for life, and there is nothing he can do about it. See U.S. Const. Art. III, § 1. Chief Justice Roberts rightly declared that he will boldly oppose Obama at every available opportunity. I will go a step further. No longer will I refrain from political entanglements. It is time to get personal because Obama got personal with America. I hope President Obama is ready to rumble, because if he isn’t, he can kiss my white ass. He can expect no quarter from me—or Justice Thomas.

The era of judicial restraint is over.

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