Appellate Law

Scalia?s usual nonsense about law schools and Joe Six-Pack

By S. COTUS

Justice Scalia (whom I tend to agree with on a number of issues), bemoans that there are too many ?liberal? classes at the University of Chicago.  He makes some good points, but a few of them are hypocritical and stupid.  Want to hear my take?  I know you do.  Keep reading.

Scalia claims that the proliferation of ?exotic? law classes is bad. To some extent I agree.  But, he also claims that this proliferation is of ?liberal? classes, such as ?law and poverty? or ?racism and the law.?  Now, I agree with him here.  Taking these new classes is a waste of time.  Law students should be taking courses like Evidence, Federal Courts, Conflict of Laws, Administrative Law, Criminal Procedure.  Not Law and the Banana. 

However, somehow Scalia misses the fact that law schools are now teaching many classes on ?The Role of the Lawyer in the Large Firm? or ?Securities? as they are Law and ___.  Somehow Scalia misses the fact that while law schools are increasing classes that might be ?liberal? there are plenty of opportunities to tailor one?s law school experience to acting like a first year associate your whole life.

Scalia also said (quoting from the article).

"What did I learn at Harvard Law School or at my practice in Ohio or in the federal government that qualifies me to determine whether there ought to be ? and therefore is ? a right to abortion or to homosexual sodomy or a right to suicide?" Scalia said. "I don't know any more about that than Joe Six-pack."

Okay, here Scalia is going out on a limb.  First of all, as much as Scalia likes to ?troll ?Joe Six Pack? he has no respect for him.  Joe is, according to many members of the Federalist Society, a ?douche.? Scalia would never hire Joe as a law clerk.  Joe is not welcome at Scalia?s home (and it certainly is not welcome to talk to me).  I do not answer emails from Joe.  Likewise, Scalia would never have a serious conversation with Joe.  Joe can buy Sclalia?s less-than-rigorous book, but Joe is simply not fit to run the country.

And, somehow, while Scalia says that government lawyers are not fit to determine whether ladies can get abortions, government lawyers are perfectly capable of determining whether detainees can spend the rest of their lives in jail on the say-so of other government lawyers.

So, Scalia needs to just admit that all branches of the government will be making law because Joe has ADD and could never in a million years understand what issues are being decided. 

Full post as published by Appellate Law and Practice on September 17, 2008 (boomark / email).