For His Immigration Dissent, Scalia Is Accused of Intemperance, “Tin Ear”


Supreme Court Justice Antonin Scalia’s attack on President Obama’s decision not to deport many illegal immigrants who arrived here as children is being attacked itself, reports the New York Times. “Illegal immigration is a campaign issue. It wouldn't surprise me if Justice Scalia's opinion were quoted in campaign ads,” said Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit, on

The Washington Post assailed Scalia in an editorial, saying he was endangering his legacy and the court's legitimacy. E. J. Dionne, a Post columnist, called for his resignation. “With all due respect, the man has a tin ear,” said law Prof. Paul Horwitz of the University of Alabama, Tuscaloosa. “When he loses on a hot-button issue, he sometimes blows his opportunity to be as persuasive as he could be.” In his dissent in a ruling on Arizona’s immigration law, Scalia cited immigration laws from the days of slavery. “He jumped the shark here,” said Gabriel Chin, a law professor at the University of California, Davis. “Harkening back to the 'good old days' of the law of slavery impeaches his position. He practically cited Dred Scott. The whole thing was intemperate, a screed.”

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