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“An El Paso source close to Supreme Justice Antonin Scalia [reports] the 79-year-old died in his sleep last night after a day of quail hunting at Cibolo Creek Ranch outside of Marfa, Texas,” kvia.com reports. “Scalia was the longest-serving current Justice on the Supreme Court. He was appointed by President Ronald Reagan in 1986.” Our condolences to his family and friends. Justice Scalia was a pro-gun rights advocate. He delivered the majority opinion in the Heller decision affirming the individual right to keep and bear arms, joined by . . .

Chief Justice John G. Roberts, Jr. and by Justices Anthony M. Kennedy, Clarence Thomas and Samuel A. Alito Jr.

What happens now: an enormous political confrontation. The President and his allies will nominate a replacement sympathetic to their statist ambitions, including curtailing Americans’ natural, civil and Constitutionally protected right to keep and bear arms. Republican Senators will fight any such appointment tooth and nail. Publicly.

With Scalia’s death the court is four vs. four on gun rights, with significant conflicting lower  court cases on the right to bear arms outside the home, “assault weapon” bans and more clamoring for clarification. At the risk of seeming indelicate, other Justices aren’t exactly spring chickens, either.

The big question: will a “compromise” candidate mouth support for the court’s rulings in Heller and McDonald and then, once installed, change course? I’m looking at you, Justice Sotomayor. Watch this space.

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241 COMMENTS

      • It’s interesting, because this is about the best possible thing that could possibly happen at this time for Obama and the gun grabbers.

        Natural causes indeed. The man was 79.

        But for those who would see us all disarmed, pretty darned convenient, I think.

        So that makes it, interesting.

        • Not really. Obama still needs Senate confirmation which he will never get. He’s got no leverage to force it either. All this means is that President Trump will get to nominate three SCotUS justices instead of two.

        • “pwrserge says:
          February 13, 2016 at 16:27

          Not really. Obama still needs Senate confirmation which he will never get.”

          Indeed, that would seem to be the sensible thing for them to do.

          So glad we have McConnell there to do the sensible thing for us.

          Doesn’t it just seem like one thing after another lately… time after time… when it really counts…. the Democrats end up on the winning end of the deal.

          We shall see.

        • To add insult to injury for people of the gun, Scalia died in his sleep after a day of quail hunting. A true defender of the Constitution and a Patriot.

        • I hope he is in a better place, I just wish that he could have stayed with us for just a little longer, God knows that we need the help down here.

        • “pwrserge says:
          February 13, 2016 at 16:27
          Not really. Obama still needs Senate confirmation which he will never get.”

          See a small topic called recent US history to see why you are wrong. There are 11 months to go. Administrations have ongoing fresh lists of at least 5 possible vetted nominees at all times. They will have no problem getting one through in HALF the time remaining.

          And this is better than it occurring under Hillary. Senate vote looks bad for GOP already and Trump will destroy coattails for GOP and losing Senate is a virtual certainly. It is Hillary who would be most able to get a Sotomayor (double danger in being far left and young) through as she will have senate.

        • >> Indeed, that would seem to be the sensible thing for them to do.

          Does it, though?

          Think about it. Right now Republicans have a majority in Senate. They can bargain with Obama from a position of strength, and get him to appoint a moderate that would not provide a sure partisan vote for either side on divisive issues.

          Come November, the next president is more likely to be a Democrat (if you don’t believe me, go to the bookies and take a look at what odds they’re taking the bets), who will either be Obama 2.0 (Hillary), or even more to the left (Sanders). If that happens, best case, they retain the Senate majority and are back to square one, except for the political fallout from basically gutting SCOTUS for a year to push their partisan shit through (and failing that). A freshly elected president would also have a much stronger moral mandate, and would point out that in electing them, the people of the US have spoken on this issue – clearly it’s going to be a major issue in the campaign from now on.

          Even worse for the Republicans is if they also lose the Senate, which, while not very likely, can happen – there are several weak seats, and if the general ends up deeply polarizing, like e.g. Sanders vs Cruz, or Trump vs anyone, the increased turnout will favor Democrats, and will apply to all races, not just presidential. And then? You’re looking, again, at a new president who is at least as liberal as Obama, if not more, and Senate backing him. That would make the new justice someone more like Sotomayor.

        • “neiowa says:
          February 13, 2016 at 18:00

          Me thinks Mr 308 is not so familiar with Jackwagon McConnell.”

          That was posted with a heavy dose of sarcasm, super-sarcasm if you will.

          I’ve a bad feeling about all of this… far too many ways for the Democrats to end up winning here, and it all sure looks to me like they have planned it this way.

          And the Republicans are not ineffective, bumbling, powerless failures. I believe they are in on it.

          Like I said, we shall see.

        • Obama does not need confirmation from anyone but Obama if he makes a recess appointment. (as Ike Eisenhower did). Temporary of course, but a lot of damage could be done.

        • “Not really. Obama still needs Senate confirmation which he will never get.”

          The Senate gives him everything he wants. Remember the last budget?

      • Supreme Court was going to rule on Obama’s immigration plans. And he was “discovered” dead? Guy was murdered.

        • yeah, this is the perfect storm brewing right here. I might as well just enshrine a un-opened box of .22 LR and put the all the .22s on a pedestal like Greek statues.

      • God bless that man, he was a God send of a patriot until his dying days.

        I have been dreading this would happen for years. I bet Obama will get another apointment, he got Sotomyer after all. Thanks for that bacon wrapped shrimp club Repubs.

        Even so we will get to stack the odds in freedom’s favor soon enough when Gensburg or others are out if we get Trump or Cruz.

    • This is by far the worst thing that could happen to the RKBA. Scalia was the shepherd for the other 4, even an establishment type GOP nomination would be disastrous.

    • “Odd timing”?. The one man that was the strongest, relatively, supporter of the original intent of the 2nd amendment dies at this particular time?

      I’d call it perfect timing, for the progressive/statists. These people justify the murder of the unborn, for convenience sake. They would have not one iota of hesitation to murder the one man standing in the way of passing an AWB. Let alone passing some type of national martail law that allows for the suspension of elections, as well as all civil liberties “for the duration of the emergency”. An emergency which these people would be happy to create.

      “The ends justifies the means”. The only problem most decent law abiding people have is doubting the level of evil that those that desire absolute power over others will committ to attain the next level of control over others.

      Until proven otherwise, this was murder. In my opinion.

      • A 79 year old guy, looking not particularly healthy and complaining about feeling sick, dies in his sleep, and you think it’s murder unless proven otherwise, despite the fact that neither his close friends (who were there) nor his family say anything even remotely close?

        Talk about denial of reality.

        • Ummm, perhaps int19h. We can only hope and pray you’re right. It would be nice to think that even if those in power did not committ murder in this situation, that the possibility would never occur to them. Because the alternative is not pleasant, for anyone.

        • You only know the narrative that the state-run media has told you. So far, there is very little information. He was at a ranch for a hunting trip, had dinner with 40 other people, left the dinner to go to his room because he “wasn’t feeling good”, and “died in his sleep”. Shouldn’t common sense answers be asked? Like: Who was w/ him at the ranch? Did they detect any health issues prior to dinner? Had he been having recent health issues prior to going to the ranch? Who was protecting him? What did he eat and drink? Who had close contact with him? Who is the coroner doing the autopsy, and will he be publicly available to journalists (not just the state-run media) for questioning? etc. etc. Yes, he was a “large” man and 79. So?

          BTW, Scalia gives talks around the country regularly. I watch a lot of his talks, and he exhibits a strong vitality, even recently. Here is a recent talk he gave, just over a month ago:

          http://www.nola.com/politics/index.ssf/2016/01/listen_to_justice_antonin_scal.html

          and earlier last year:

          http://www.bustle.com/articles/141705-antonin-scalias-last-public-appearance-was-a-powerful-commencement-speech-video

          Our government has some evil elements, and it wouldn’t be the first time it did something evil. Obama and his administration are most definitely evil. So, yes, questions should be asked about Scalia’s death. If all we get is “he died in his sleep”, and nothing more, then we should all question whether he died naturally. Not doing so would simply be irresponsible and naive.

          • Common sense indicates that if any shenanigans were obvious or even suspected, in the age of the Internet, the interested parties (like his family) would have already disseminated this information.

            Instead, all we have is a bunch of baseless conjecture by random people online who have no connection to the person in question, solely on the ground that it fits their imaginary narrative of Obama ordering death squads around.

      • It’s this kind of nonsensical crazy talk that makes all of us gun owners look bad and turns so many regular folks against firearm ownership.

        • Maybe. Then again, you don’t think that the sort of crooked government we have today would try that? If he’s right, there would be an apology in order…

        • Doesn’t the fact that they immediately had state-run media put out the narrative that “he died from natural causes”, with NO other information as to what the “natural cause” was, and BEFORE the autopsy is even done, cause any question in your mind? Seriously? Keep your head in the sand and just take everything you hear from the Obama controlled media as gospel. Gullibility and naiveté will destroy this country for good.

        • Yup. There’s a dedicated tinfoil brigade in the guns movement that sees conspiracies EVERYWHERE and think they don’t need Occam’s razor because beards.

          People die. Especially old, overweight people. And there were plenty of marshals and protective services around him that are people of the gun.

      • You do know that the Supreme Court doesn’t appoint the president, right? That, with or without the 22nd Amendment (which the court won’t touch), we still have elections to determine that sort of thing, right?

    • To quote Trump, Delay Delay Delay!!! We can’t have Obama picking the replacement justice, however with Biotch McConnell & Paul Ryan’s penchant for cutting bad deals it wouldn’t surprise me if they did let him have another one. At that point there goes the farm. Game over. American experiment failed. Y’all think I’m dramatic but it’s literally the future of our freedoms dependent upon the spine of the spineless republicans in Washington. Article 5 convention folks. TERM LIMITS

    • Without the autopsy, a definitive cause of death is not evident. This will forever leave the door open for numerous cause of death scenarios!

  2. I’m very sorry to hear that, My thoughts, and prayers go out to his family. Will you guys be covering this Once more information is released?

  4. I didn’t much like him but I hope he died peacefully and is in a better place. As for his timing, I wish he would have taken at least a little more time.

    • The students he regularly gave speeches to loved him, especially law students. Most people, other than far left uneducated ideologue types, respected him for his intelligence and mastery of the Constitution.

      • “Didn’t like” was probably an overstatement. I respected and admired his intellect and (usually) consistency, but alas I am a libertarian and he was a conservative thus we didn’t agree as much a I would have liked. Still, I’d much rather he was still there.

    • Yeah.

      Although, there’s little chance that a new justice gets confirmed until the next Pres takes over. It isn’t a quick process anyway, but it’ll get stalled until after the election. The administration isn’t going to get confirmation this close to the election.

      • And this is the way it should be in an election year, with a lame duck, America-hating President in his final months. Let the people pick the next president who will nominate his replacement.

  6. Well, there goes one of the 3 firm 2A supporters on SCOTUS. Sad to see him go and what might happen next.

  7. Well this is bad. Really bad, now the jackass can leave us with someone who will violate our rights forever.

      • That’s the best plan. The GOP should block all nominations by a lame-duck president. Then roll the dice and home we win the White House.

      • The problem is that Republicans have shown time after time that they have zero spine and as soon as Democrats start throwing insults, they cave and give the Democrats whatever they want.

        • This is exactly what will happen. Paul Ryan may let them put on a show for a month or two, then after meeting with Obama they’ll all suddenly agree to appoint a degenerate progressive replacement.

        • Yup. The second a Democrat goes to a “reporter” and says “Republicans won’t accept this anti-constitution nominee because they’re racist!”, Republicans will fall all over themselves in their rush to approve them. Spineless cowards.

  8. I predict we will see RBG retire now as well so there is a chance to get two young statists on the SCOTUS to lock in 5 firm anti-freedom votes for the next generation.

    • RBG said she had no plans to retire. If she does, it will remove any doubt that the court is politically comprimised. Not disagreeing but it would be pretty blatant.

      • Only way to restock the court involves pulling things out of the fourth box of social change which is messy and uncertain.

        • Screw them they they made their choices, you do not get to re write the Constitution because you were robs and declared yourself the “the highest and final authority”.

  9. What happens with this may very well decide the general election. The way we pick SCOTUS justices is so ridiculous… the founding fathers really screwed the pooch by not thinking about how the electoral system they created would end up building an entrenches two-paty system so that some of the most important positions based around ‘justice’ that can completely change the nature of government depend entirely on whether an appointee dies before or after an inauguration.

  12. Except that there is no way in hell a GOP Senate will confirm ANYONE nominated by Obama. I say let the confirmation hearings drag on into January and tell Obama to put that in his pipe and smoke it.

      • They know damn well that having an extra liberal on the court would more or less end them as a party. Even the GOP is not that retarded.

        • The GOP is notorious for snatching defeat out of the jaws of victory. Politics, being what they are, means I’m not holding my breath that they won’t roll over on this.

        • I wish I could agree. Everybody in the GOP will be planning for somebody else to do something, but most lack the balls to do something themselves. Boehner, for example, would have done a lot better, for me, to serve his country for a change, until his constituents voted him out, rather than quitting.

        • BS. That was accomplished by VOTERS, who threw out the people trying that shit, until others dropped it. IOW, the GOP coming in have folded spectacularly, but the Dems being thrown out has gotten the idea across.

    • I’m sorry to disagree, but the GOP rolled over for his two SCOTUS picks, Eric Holder and Lynch. If we’re relying on the GOP Senate to save us, we’re in deep trouble.

      • So what do you propose? Run around like your hair’s on fire? This is the time to hit the phone and remind your senators that the GOP got a majority in the Senate for a reason. That reason is not to cater to Obama’s every whim.

        Don’t forget, the GOP didn’t really get a say in the other SCotUS appointments. (And let’s be honest, Lynch will be gone in 12 months making her irrelevant.)

  13. “I felt a great disturbance in the Force, as if millions of voices suddenly cried out in terror”

    RIP

  15. Two things.
    1. Condolences to his family for the loss.
    2. Nice to hear the quail population is on the rise again.

    • I’ve hunted quail in various states. It’s a more rigorous hunt than people give it credit for. Especially if you’re 79.

      But it’s more fun than it should be, also. Except if you hunt with Cheney.

  16. My condolences to his family.

    This does not bode well for us. Thankfully the Heller and McDonald decisions are in the books.

    • But the next case might overturn those. Besides it’s not like those decisions made a “shall not be infringed” difference in the cities those decisions were made against.

  17. The best friend that the POTG ever had in any branch of government is lost to us.

    I think it’s unlikely that anything will happen — or be allowed to happen — until after the election. If another hard-left justice is confirmed, our firearms freedoms will be lost forever. Period.

    Does anyone still think that elections don’t matter?

    • Well, stupid people think elections don’t matter.

      We’ve lost a staunch 2A supporter in a highly influential position. I’ve lost trust and respect for SCOTUS well before the Obamacare decision, but the ability for a court to overturn anti-gun laws has been a boon for us in the past.

      Ultimately, our Creator, the Constitution, and Natural Law define our civil rights even if the courts don’t see it that way.

      Keep your powder dry.

    • Absolutely, elections do matter. I remain unconvinced, however, that my vote makes any difference (or for that matter, is even counted) at any level higher than around the city council/school board level.

      • “I remain unconvinced, however, that my vote makes any difference (or for that matter, is even counted) at any level higher than around the city council/school board level.”

        That’s a compelling argument for keeping all the decisions we can, made as locally as possible.

        That is if we’re talking about an exercise in citizens governing themselves. Or if the preferences of the governed should influence what’s done. If not…

  18. Very VERY bad. If you folks think that this mainly RINO senate will hold up the nomination until after the election, you’re severely misinformed. At best, they’ll give some lip service to being a constitutionally minded appointee, but that’s it. Terrible timing.

    • Well, sooner or later, they’ll pyss off enough people to get primaryed. GOP who were elected 30 years ago have to update or leave.

  21. Well, the timing could not suck more for 2A supporters. I am sure that the gun control crowd is already doing a dance before the body was cold.

    Once again, this is why this election matters. I would not be surprised if RBG retires giving Obama a big finish to his term by screwing the country.

    Obama will say that the country cannot survive unless we nominate the justice now. The establishment Republicans will screw us and gun rights cases are all now in Jeopardy.

    Hey, at least we will see it finally come true, the SCOTUS will be a political tool the left always wanted.

    • You may be right, but his body may have already been room temperature before anyone knew.

      Again RIP

  22. Historically, Supreme Court nominations made in the last year of a president’s term comprise a disproportionate share of the 34 SC nominations that have gone unconfirmed (either rejected, withdrawn, or death of the nominee).

    There’s no way the Senate takes this up in this presidential election year, not with a nominee whose appointment would radically shift the Court’s ideological balance. If it had been Ginsburg (and it still may be), then OK, but not Scalia.

  23. This is not the black cloud everyone thinks it is. Sen Cruz will fillibuster ANY nomination, (Sen Rubio too) POTUS puts forth. It does however now make the Republican race more interesting as the next POTUS will have an immediate nominee and a true conservative should be able to galvanize strong support. Mean while the Democrat race will have to make a hard leftist stance for a Justice to appease the SJW, BLM crowd, further drawing attention to how far toward Communist/ Socialist they have become.

    • Sanders’ supporters already hold him up as a socialist. There are plenty of Democrats that are leaning to socialism.

    • Cruz and Rubio are going to be pretty busy this year and probably can’t spend days on end in DC filibustering or blocking.

      • They are supposed to be doing their job in DC. I get that they gotta be campaigning, but if we went out looking for new jobs and weren’t performing the one we are getting paid to do we would be fired.

        • True, but when an elected official gets defeated for re-election or term limited out of office, he or she may not then file for unemployment beneifits. So there are some trade-offs and unique circumstances that differentiate public offices from their private sector counterparts.

  24. Start leaming on every single Republican Senator immediately. Many ofthem are up for re-election this year and this needs to be made a priority issue. Obama’s appointment has to be blocked

  26. First thought – Condolences and best wishes to his family and loved ones.

    Second thought – Quail hunting in Texas… Where’s Cheney?

  27. I pray for the repose of this man’s soul.

    And for the first time in a very, very long time I feel afraid for my country and the path it’s on…

  28. Oh, my.

    Well, there’s a chance here to wrangle in the thoughtful, what with a consequence of presidential elections front and center. I kinda hope President Obama makes an ideological, legacy nomination. Make it unequivocal.

  29. Get on the legislators’ collective asses immediately. They can’t just roll over and accept Obama’s appointee.

    Question, is there a time limit on this? Do they have to appoint/confirm before Election Day? Could they just drag it out and let the next administration worry about it?

  30. Another take on “will Obama make an appointment” – he may avoid nominating anyone so that (he hopes) President Hillary will nominate….. HIMSELF! 😮

  33. I’m worried, but I’m not gonna freak out until the nominee process begins. Based on my research, he could just say “f–k it” and not worry about things and just leave it for the next guy.

    • Ac tally not unreasonable since his ilk now hold the majority on the SCOTUS for the upcoming session. No need to rush because they are virtually guaranteed wins on every issue they want for this year.

  35. Godspeed, and my condolences to his family. He was a good friend of the Constitution and 2A. This might also prompt the aged-Ginsberg to pack it in, giving Obama the opportunity to appoint two younger justices, which will change things dramatically for the country for years to come. Unfortunately with the Maryland Assault-weapons decision primed for SCOTUS review; depending upon the timing, it could overturn that decision, making assault-weapons bans constitutional….

  36. All you Trump supporters listen up. He will appoint liberal justices. That applies to all you better Hillary than not Cruz types as well.

  37. This is an enormous gift to the constitution hating statists. If the GOP blocks Obama’s nomination of what will surely be another ultra liberal justice, they will be painted as obstructionists in the election. If the GOP passes whoever Obama nominates then there go our rights.

  38. OMFG! This is a real life political thriller. Obama is probably jumping for joy that he may get another term, and the Democrat Party is probably happy to rearrange the electoral process to guarantee them absolute control over the US. Yeah us!!!

  40. This will jumpstart the panic buying early for 2016. Buy your stuff now, it’s bound to disappear.

        • I never liked CTD because of their shipping costs. $15 to ship one magazine, get outta here.

          Midway, Cabela’s, and SportsmanGuide are so better than Cheaperthandirt.

    • If you need some extra AR magazines (probably a good idea, magazine capacity limits are a part of every AWB proposal to date, and are the most likely to pass of everything that’s there), grab this while you can:

      https://www.botach.com/e-lander-ar15-m4-30rd-steel-magazines/

      Best bang for the buck right now at $9/mag, and these are very thick steel (thicker than ASC, and more similar to steel AK mags), so they’ll last a lifetime.

      • The E-Landers are really good mags. I own some and they are very well built. They are significantly thicker than the Gi mags. I might have to pull the trigger on a few more to round out the collection.

  42. Cruz. Support Cruz. Now. The man has his issues, but he is a staunch originalist and any Supreme Court pick he makes will be an apt replacement.

    • Well, he is the one who floated Roberts, so he’s not infallible (granted, Roberts has been consistent except when it counts) but I imagine he knows a hell of a lot more who/what/where about the legal trade than anyone else in the running. With Trump my primary worry is that he simply doesn’t know many non-NYC lawyers, and that’s a mighty poisonous pool to draw your picks from, even with the best of intentions.

  43. The republic is hanging by the thinnest thread right now.

    Please call your senators, the RNC, any donora or political operatives you know. Forget the infightinng about Trump, Jeb or anyone else – now is not the time.

    #NOCONFIRMATIONUNTILINAUGURATION

    Spread that idea around.

    Make every republican pledge this NOW. This not the time for compromise.

    S

  44. Truly frightening times for sure… IMHO…The ripple effect of Justice Scalia’s passing now could wash our rights away like a tsunami. It shouldn’t but it sure could… This is getting very real… Hate to go all tin foil but I’d feel a bit more at ease if he died at home under the witness of his wife and I’ll leave it at that…

    Many thanks for all the insightful post here, its times like these that I count on TTAG the most for balance…

    Carry on everybody… May the favor of the Lord our God rest on the good people of America…

  45. Obama may not want a new justice confirmed by him. Remember that Hillary said she would like to put him on the Supreme Court?

    • That’s the way I see it playing out. Obama’s going to stuff a recess appointment in there, filling the vacancy temporarily. Congress will do nothing except wail and gnash teeth until the next president is inaugurated and if that’s Hillary….Obama’s the next SC nominee.

  46. R.I.P. Justice Scalia.

    My condolences to his wife, his family, his friends and colleagues and all who respected him. Supporters of the Constitution and People of The Gun have lost a true and valiant friend. I can only hope that wherever he goes he runs into Madison and Jefferson and can talk about Originalism for all eternity..

    P.S. RF: I saw this seconds after you posted and immediately checked the NYTimes and Washington Post to see if either had the story. (To be honest, I hoped that you had gotten some very bad intel.) Neither did and so you scooped both paper platforms. Congratulations.

  47. is there a time limit on this?

    No.

    Do they have to appoint/confirm before Election Day?

    No.

    Could they just drag it out and let the next administration worry about it?

    Yes.

    There is a process — a long list and then a short list is prepared for POTUS, potential nominees are vetted, the ABA is consulted and rates the candidate, sometimes legislative leaders in one or both parties are consulted — and this process takes a few months.

    I would be surprised if Obama did not have a list in his desk drawer.

  48. “with the Advice and Consent of the Senate”

    “Mr Barry, we advise you that the nominee for Supreme Court Justice is Mr. Mark Levin and this nomination has been approved buy the Senate Judiciary Committee.”

  49. Thank you for keeping us on our toes, despite it at the time feeling a bit “fear-monger-y.” Increased gun load by 2/yr and 500rd of seven calibers since 2012 for my enjoyment and self defense purposes. I doubt I’ll ever really go ammo hungry.

    • But a lot more ammo. 500 rounds for me is a weekend. And I’m sure there are here that shoot twice that.

  50. McConnell says no vote until
    the next president is sworn in. Join me in writing to thank him and politely but firmly encourage him to stick to his guns.

  51. For those of us who support life, this is a double whammy. Scalia was a brilliant and fearless American. May God rest his soul and protect this nation. What a shit-storm the new year brings.

  53. Bad. Really bad. Perhaps the best justice ever. THIS is it America. In the last days perilous times will come. They’re here. Stock up. Hold those Rinos feet to the fire. This election will live up to the hype. Vote Cruz. Even Trump would be beholden to gunrights. I hope…RIP Mr. Scalia.

        • Do we have a choice but to bet the outcome on Cruz? Donald’s a wild card for all we know (yes ‘know’ as opposed to ‘want’ or ‘feel’ –that’s what the dissatisfied SJW’s got with Obama) and Rubio is flirting with game-ender immigration policy. No one else is gonna be nominated at this point. We’re rapidly nearing the climax if not at it already, so stalling tactics are not in our favor; we need a maneuver that will cripple our opposition’s attacks on us for a full generation NOW, because they are gathering for a killing blow. It was supposed to be an AWB SCOTUS case victory led by Scalia.

          The only chip we can actually make an educated wager on AND potentially win what we actually want at this point is Cruz. Not perfect (eyebrows + voice is apparently a bigger factor for many folks than a career dedicated to constitutional adherence and conservative values). Congress can no longer get us what we need, and the Judiciary just capitulated to Executive Branch direction when this great man’s heart stopped; the battle lines have converged on the White House for a decisive showdown this November.

      • Not anymore. She’s seriously wounded right now. The Dems are very, very dependent on “marginal” voters, who turn out for a candidate they are excited about, but have little time nor stomach for tactical plays. And Sanders keeps lifting the excitement bar Hillary needs to pass, for ever larger numbers of voters.

        If Big Gulp steps in, Cruz will easily walk both him and Hillary. Cruz/Sanders would be scarier, since Big gulp could rush down the middle. That’s when we’d need Rubio/Jeb.

        Trump may well beat any comers. But then again, he may beat noone. He’s just too enigmatic to have much of an opinion about. Doubly so, since he even if he wins, the way he talks, he’s more likely to look for justices who will be “tough on China/Mexico/trade”, than who will be originalists per se, including regarding the 2nd.

        In general, I’m much more comfortable with Cruz now, than before Sanders started spanking Hillary like no man, including Bill for the past 3 decades, have spanked her before. She’s seriously wounded, even if chances are she still manages to eke out a victory over a 100 year old, unknown ghost for the nomination.

  54. Rest in peace Justice Scalia.

    I once modified/corrected his Wikipedia page because someone defamed it with insults.

    You know the disparity of the situation when we are left relying on just a small handful of people debating over the individual freedom of hundreds of millions of people. Every one of those justices for the holding decision for DC vs Heller are heroes in my eyes. But unlike other heroes, they don’t win any metals, and they don’t get any recognition. RIP Scalia.

    • Scalia, a hero of individual freedom? Spare me the bullshit.

      The guy liked to present himself as a principled small government adherent, but somehow that didn’t apply when the state used its power to legislate on bedroom matters. Scalia was literally an avid proponent of “government small enough to fit in your bedroom”:

      https://en.wikipedia.org/wiki/Lawrence_v._Texas#Scalia.27s_dissent

      And it wasn’t just that decision – he was also outspoken on this matter outside of the court, and believed that government can and should legislate morality in consensual matters like that. And in his mind it applied not just to “sodomy”, but also to matters such as bans on contraceptives – he hated the Griswold decision, as well. That’s as statist as it gets.

      He was also the guy who severely weakened 4A and the “fruit of the poisonous tree” doctrine, by claiming that evidence obtained from no-knock raids in violation of the warrant requirements can still be admitted without any restrictions:

      https://en.wikipedia.org/wiki/Hudson_v._Michigan

      And on the first amendment, he claimed that it “explicitly favors religion”. Mind boggles.

      The only thing Scalia was solid on is 2A.

      • The mind does not boggle. Washington was a Christian, he defended Christianity and was the first Christian president. Scalia was an originalist. Maybe you need to do some more reading.
        Who would you prefer? Ginsburg or one of the other women justices leftists? Please spare us your indignation.

        • Who cares who Washington was or wasn’t? It doesn’t matter. The Constitution doesn’t say that a president can’t be religious, so that is irrelevant. The question at hand is whether the government itself can be religious, or promote religion. And the only proper answer to that is a resounding “no”.

        • Americans care.
          So keep dodging my question. Who was a better justice on gun rights, Kagan, Sotomoyer, Ginsberg or Scalia?

        • Boy don’t I wish that I spoke for more Americans. You attack Scalia on the day of his death on a topic not connected to guns and then you seem upset that people like and defend him on his most important position which is not guns but life. He was an originalist, hence my Washington reference. People like yourself seem to want to divorce the nation from its past, you’re no better than the anti gun crusaders in that you deny that Christianity was important just like they deny that firearms were important to the people that revolted in 1776. You keep ripping the best justice we have seen on guns in this nations history because your pissy about his stance on defending the defenseless. Without life there is nothing my friend, and Scalia kept the proper order on it.

          • I haven’t actually said anything about Scalia’s stance on abortion, because I don’t believe there’s a constitutional right to it (even though I’m pro-choice).

            I have linked to several opinions by Scalia that I strongly dislike above. Go read them. In particular, read the Hudson v. Michigan one – I suspect you won’t care much about Lawrence v. Texas (even though in terms of government overreach, it was far more harmful if Scalia got his way on it).

            What I dislike even more about Scalia is how unabashedly partisan and non-impartial he was, and how openly boastful he was about it – as if it wasn’t something shameful for a judge. He represented everything that is wrong in the current partisan arrangement in SCOTUS, and was one of the biggest contributors to it.

            So, good riddance.

      • but also to matters such as bans on contraceptives…

        Not surprising given he was Catholic. Seems he injected that in his work ethic.

  55. The internet, especially Twitter, is going absolutely wild over this. People are actually celebrating.

  57. This is the kind of reason why I felt it a bad idea to try bringing any new gun cases before the Court, because all it takes is one conservative dying and boom. So can the GOP really prevent Obama from appointing another judge until after he’s out of office?

    • They *can* do it. The question is whether they *will* do it. They probably don’t want the Dems screaming about how conservatives are “holding the country hostage” etc. etc. etc.

      We need to keep the Republicans from over-thinking this. They need to hold the line and win in November. They have to pull out all the stops and get supporters to literally give until it hurts or it’s all over.

    • The GOP can and hopefully will get a less extreme left justice if under Obama with the edge the GOP has in Senate. If it takes too long and goes to Hillary’s administration, Trump will have destroyed the Senate edge and the replacement will be very young and ultra left.

      People saying Obama does not have enough time are simply deeply ignorant of history of a President with this amount of time (over 11 months)and just a small disadvantage in Senate. Obama will pick a replacement, get it confirmed and is sure better than Hillary doing it with a Dem Majority in Senate we will almost certainly see next year

    • In Europe, perhaps. Those guys are actually importing people with some demonstrated stomach for that kind of thing.

      Over here, 98% of the internet insurgents will be content to lay down, as long as the junta promises to say something mean about Mexicans and virgins from time to time.

  60. Friend of mine scared the hell out of me for a minute when he said these words:

    Mr. Chief Justice Obama.

    However, once the shock cleared and I thought about it for a moment, I realized: there’s no way he’ll do that. It would be a massive pay cut for him to go from the $400k a year President, who can get maybe $500k per speech for life, millions per year, to the Chief Justice who earns something like $225k per year for the whole year’s work.

    So, no. He won’t accept a job as a Supreme Court Justice.

    • Scalia gave plenty of paid speeches as a Supreme Court justice. In fact, he was frequently criticized for that because he was unabashedly political in all of them, and it was seen as violating an implicit agreement to be neutral and stick to the Constitution, at least in appearance – and he shrugged it all off.

      • Right, because the supreme court has never been political in the past. Again, spare us your indignation. Who on the bench was a better justice for gun rights?

        • Like I said, Scalia was solid on 2A. The problem is that he was meh to crap on most everything else. And there’s a lot of everything else. The world does not revolve around RKBA, and other rights and freedoms are just as important.

        • I see no problem for him being biased in a paid speech. After all, he is an individual like you or me and is entitled to his opinion. That said, I agree with you in that a justice should be neutral in their official activities/duties as a justice.

  61. I predict that an AWB will be forthcoming, or at minimum a state level one will be found “constitutional” by the new liberal activist court.

    Cue panic buying and hoarding all over again. Only this time it won’t stop because now any law that gets passed it executive action taken will be backed by the SCOTUS.

    This was very much the worst case scenario, politically speaking, for the people of the gun.

  64. Scalia was a fine man, and he did his job. Now it is up to us. Rest in peace, my friend.

    As an aside, I hope that I pass doing something as fun as a TX quail hunt!

  65. I’m glad I live in a free state. When the civil war comes it will be the south that has the gun factories not the north.

    Good luck to those of you behind enemy lines. I suggest you start electing a local sheriff you trust to up hold the constitution. A person who supports CCW permits for every law abiding person. And who will stand up against your governor and the feds.

    • The alliance and demographic map of the US in any next civil war will look vastly different than in 1861.

      • You are not kidding. The Progressives would be lucky to muster 10 states. And even though Progressives are perfectly happy to order an army to destroy their enemies, they have no desire to actually be in that army. Lets just hope that the elections and whatnot go right so we do not have to see a civil war in our lifetime, for even though we will win, it is going to be really bad.

        • I guess Bob-AND WE got guns. Power is only ceded if we decide we want to be SLAVES. Molan Labe…and vote Ted Cruz.

  66. All of this worry over the death of one man proves just show messed up our system is.

    By the way, any ruling by the SCOTUS or any politician affecting the 2A is only as effective as citizens allow it to be. No one can take away your natural rights, only you can choose to follow those illegal laws.

    In the 18th century, when tyrants passed oppressive laws, the colonists didn’t wring their heads and talk about how screwed they were. They did what free men do.

  68. If anything, this will crystalize the election in favor of the conservatives… This should rally all gun owners toward a president who will preserve their rights through pro-2a supreme candidates…

  69. Let’s look for the silver lining here. Maybe now Colt can make a profit in the panic buying that’s bound to ensue.

  70. A titan of judicial conservativism has fallen.
    Mourn him, praise him, and respect him, who judged in the face of the progressives. May he lay down the law, in the hereafter.

  71. Thank you for your service – we should all take a bit of time to ponder how many hours in a lifetime he has spent considering the foundation of our nation and the freedoms our founding father tried to protect.

  73. There has not been a Supreme Court justice confirmed in an election year since 1936 when FDR had an overwhelming majority in the Senate. The last attempt was by LBJ with Abe Fortas and he was not confirmed. the precedent appears to favor the Republican Senate refusing to confirm the appointment of a lame-duck President.

    • It’s also never taken more than 125 days for the senate to confirm a nominee. I don’t trust McConnell to not roll over for the first outwardly moderate nominee, after a personal meeting or two with Obama.

      This could get ugly.

  74. Don’t worry about an assault weapon ban, Richard Pearson & Illinois State Rifle Association have already screwed up that case for the entire country.

    In Dec. 2012 when the IL Supreme Court totally overturned IL’s concealed weapons statute in Moore v. Madigan, Pearson and NRA contract lobbyist Todd Vandermyde wanted to get “their” “NRA backed” carry bill passed at any cost. Vandermyde loaded up Rep. Brandon Phelps HB183 carry bill with Duty to Inform, an unelected Star Chamber licensing review board, criminal penalties of 6 MONTHS or 1 YEAR in jail for hundreds of gun-free zones, plus an UNLIMITED privacy waiver.

    Pearson & Vandermyde justified selling out to police unions in their garbage carry bill because the NRA bill had preemption. Once Pearson & Vandermyde sold out, any town in IL that wanted an assault weapons ban had ten days to do it.

    Rather than calling it a win and returning to their trailers to swig some Busch Lite, the insane clown posse down in Chatsworth were feeling their oats, so they recruited Dr. Friedman to sue Highland Park. The Supreme Court denied review in December 2015. Flop!

    Dr. Friedman made a serious mistake. He trusted Richard Pearson and Todd Vandermyde, the “men” who used and betrayed Otis McDonald. Watching the rednecks from southern IL try to take on the U.S. Supreme Court is like watching a cluster of retarded pygmies try to take on the Bears at Soldier Field.

    • THIS is about Scalia troll. Do they owe you money or something else trivial? Steal your boyfriend? What have you done for Illinois gun rights loser?

  75. I will miss Justice Scalia; his sharp mind and quick wit is a loss for us all. Godspeed Your Honor.

    So far as the GOP is concerned, they’re in a no- win scenario. Too strong of a blocking action will provide the Democrats with further evidence that the GOP is the party of obstruction…something the Republicans can not absorb well in this election cycle. But cooperation or compromise will likely lead to a significant more liberal court for several years to come. And, yes, I suspect that would lead to a further dilution or even flat-out reversal on Heller. It doesn’t look good either way.

    Because all this hooey is really out of our control, all we can do is read the tea leaves and adapt accordingly. If one is able to stock up – not panic, but certainly with some urgency – over the next few months, it may be a good idea to do so.

  76. I know this has fuck-all to do with this posting but does anyone have any idea where I can get non-left wing psychology information. Either a textbook or a website should suffice. I know this is probably a fools errand but I’m at the precipice of patience from reading the musings of ‘intellectual’ leftists.

    • Check out Jung’s work. He was focused on being happy not what is wrong with us. Particularly interesting is his biography… He used his own techniques to guide him on his own path to happiness. God bless

  79. I’ve been very leery about Trump up to this point. But if he’ll wage war against the liberal base that has infected this country, he’s got my vote.

    • HE won’t. And the red-faced one is burning bridges. And revealed just how left he is(as if anyone with an IQ above 50 couldn’t figure that out). Who fought for OUR rights along with the late justice? Ted Cruz…

      • Cruz is my second choice, very close to Trump. I wouldn’t have a problem with him either. I’m simply tired of living under Obama’s oppression.

        • So Mary, you’re OK with Trump saying his uber-leftist sister would make a good SCOTUS appointee?

          How do you reconcile the fact that probably every conservative writer and thinker that you have agreed with in the past are against Trump? Has that piqued your curiosity as to if maybe you’re missing something?

          Voting by your feelings (rather than logic) is something conservatives have always criticized the Left of doing. Emulating the Left is generally not a good practice.

    • Even if it was natural causes, there are millions who will believe it was poison. Many people have stopped trusting this government, and this government has earned that distrust. We are certainly in scary times either way.

      • Yes, government trust is at an all time low, but I have yet to find someone who can explain the cognitive dissonance of the publics unconditional trust of the government when it comes to the vaccine program.

  81. Scalia’s death puts America in check to the Black Queen.
    Nothing moves until we get the whole truth on CAUSE OF DEATH.

  82. You know.

    Eventually some of us are gonna want out of this Union. I want my rights to be respected. The Dems can create their sick little “Utopia” in their own country.

  83. Justice Antonin Scalia, Stone Ridge High School in Bethesda, Maryland in June 2015.

    “If I had to choose, I would always take the less dynamic, indeed even the lazy person who knows what’s right rather than the zealot in the cause of error. He may move slower, but he’s headed in the right direction. Movement is not necessarily progress.”

    And then, he reminds the audience to be wary when listening to politicians’ speeches, because: “Nobody ever proposed evil AS SUCH.”

    More food for thinking (© Scalia 2015):

    “In short: it is your responsibility not just to be zealous in the pursuit of your ideals, but to be sure that your ideals are the right ones. Not merely in their ends but in their means. That is perhaps the hardest part of being a good human being. Good intentions are not enough. Being a good person begins with being a wise person. Then, when you follow your conscience, you will be heading in the right direction.”

    “What makes US the greatest country in the World? – Good qualities Americans can be counted on. The virtues of generosity, honesty, constancy, tolerance, self-reliance, initiative, civility. Lord Acton had it right: that society is the freest which is the most responsible. Quite simple and quite inexorable.”

    “Laws steps in when the virtue and prudence of the society itself is inadequate to produce the needed result.”

    cf.
    http://www.bustle.com/articles/141705-antonin-scalias-last-public-appearance-was-a-powerful-commencement-speech-video

  84. I’m a little late to this show, but I have to comment on this.

    “Republican Senators will fight any such appointment tooth and nail.”

    No. They. Will. Not.

    Elected Republicans and proven again and again that they are both unwilling and unable to fight for the principles they claim to hold. I fully expect them to do what they’ve always done during this administration: kneel down before the President and beg to know how they can best supply his desires. After making a halfhearted show of trying to resist that amounts to nothing, of course.

    • The repubs vs the dems is as real as professional wrestling. Anyone expecting the system to promote greater freedom for the individual is dangerously asleep at the wheel.

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