The Neo-Malthusian Tribulation

The Volokhmort blog is buzzing about Scalito's concurring opinion in the case of Planned Parenthood v. Farmer, 220 F.3d 127, 152 (3d Cir. 2000), which it contrasts with his better known opinion in Planned Parenthood v. Casey. Presumably, the purpose of this buzz is to give some reassurance about Scalito's deference toward precedent.
A little background: while the opinions in Planned Parenthhod v. Farmer were being prepared, but before they were published, the SCOTUS issued it's decision in Stenberg v. Carhart, a case which everyone agrees controls Planned Parenthhod v. Farmer. Here is the opening paragraph from Scalito's concurrence in Planned Parenthood v. Farmer:

I do not join Judge Barry's [majority] opinion, which was never necessary and is now obsolete. That opinion fails to discuss the one authority that dictates the result in this appeal, namely, the Supreme Court's decision in Stenberg v. Carhart, 530 U.S. 914, 120 S.Ct. 2597, 147 L.Ed.2d 743 (2000).

The real Scalia is known for the choice first sentence in his dissent in Stenberg v. Carhart:

I am optimistic enough to believe that, one day, Stenberg v. Carhart will be assigned its rightful place in the history of this Court's jurisprudence beside Korematsu and Dred Scott.

Stenberg v. Carhart

So does Scalito believe that Dred Scott was a good decision, or doesn't he?

Prussian Blue in their Aryan wear T-shirts

Cover of Jonah Goldberg's latest book

Somehow, I get the idea that Lynx and Lamb are not liberals.

Self-Determination Bad ------ Baaaaaaad
Might Interfere With Plans For Theocratic Fascist Nanny State

Supreme Court nominee Harriet Miers said in a speech more than a decade ago that "self-determination" should guide decisions about abortion and school prayer and that in cases where scientific facts are disputed and religious beliefs vary, "government should not act."
In a 1993 speech to a Dallas women's group, Miers talked about abortion, the separation of church and state, and how the issues play out in the legal system. "The underlying theme in most of these cases is the insistence of more self-determination," she said. "And the more I think about these issues, the more self-determination makes sense."
. . .
"This is going to be very disturbing to conservatives because I think it shows that she is a judicial activist," said Mathew D. Staver, president and general counsel for the Liberty Counsel, which frequently argues constitutional cases from the conservative perspective. "This concept of self-determination could clearly be read in support for things like abortion or same-sex marriage, and it's a philosophy that cuts a judge loose from the Constitution."

Washington Post

Freedom is Slavery, Snowball is Trotskii, Self-Determination is Judicial Activism. Remember that.

WASHINGTON (Reuters) October 26, 2005 - The White House is not amused by The Onion, a newspaper that often spoofs the Bush administration, and has asked it to stop using the presidential seal on its Web site.
The seal was still on the Web site www.theonion.com on Tuesday at the spot where President George W. Bush's weekly radio address is parodied. . . .
White House spokesman Trent Duffy said people who work in the executive mansion do have a sense of humor, but not when it comes to breaking regulations.
"When any official sign or seal is being used inappropriately the party is notified," Duffy said.

Reuters

How Spanking Won WWII and Changed the Course of History
by Bill O'Reilly

Now in the Great Depression, every American got spanked. And those Americans went to war during World War II and won the very intense conflict and showed bravery across the board, the Greatest Generation. The Greatest Generation, almost down to the man, was spanked, 'cause that's the way we did it in America. OK?

Media Matters

Spanking and falafel? Hmmmmmmmmmmm???

Here's what you have to believe.

Michael Luttig: "No way."
Janice Rogers Brown: "Count me out."
Michael McConnell: "I wouldn't even consider it."
Priscilla Owen: "Forget it."
Edith H. Jones: "Not on your life."
Joy Clement: "Sorry, I'm satisfied where I am."
Alex Kozinski: "Those nasty Democrats ask too many mean questions."
Samuel Alito: "Ask somebody else."
Emilio Garza: "I've just never wanted to be on the Supreme Court."
Karen Williams: "After what they did to John Roberts? I just couldn't put my family through that."
Miguel Estrada: "It's not worth it."
Maura Corrigan: "But People for the American Way would be against me. I just don't think I could take it."
Connie Maria Callahan: "Not interested."
Alberto Gonzales: "Get somebody qualified, like Harriet Miers."