Tuesday’s Remembering Nino Open Comments

Antonin Gregory Scalia 

Two years ago, out near the Marfa Lights, east of the Mexican border, on the Cibolo Creek Ranch, Supreme Court Justice Antonin Scalia died.  He was born in New Jersey on March 11, 1936 and died in Texas on February 13, 2016.

Justice Scalia was never at a loss for words on the bench. He asked many questions and was sometimes brutally forceful in persuading both petitioner and respondent attorneys to fall in line with his legal conclusions. Justice Scalia’s questioning was meticulous, exploring the nuances of legal text, while his comments were often bludgeoning. He also possessed a sense of humor that caused the courtroom to erupt in laughter on a regular basis. Furthermore, the witty and thorough writing Justice Scalia honed while on the D.C. Circuit carried over to the Supreme Court. He wrote more concurring opinions than any other justice in Supreme Court history, and is third for most dissenting opinions. His opinions were expertly written, but his tone could sometimes be considered crass or offensive. Sometimes, his memorable quips even make headlines (e.g., his dissent in King v. Burwell in 2015, the “Obamacare” case, included references to “pure applesauce,” “jiggery-pokery,” and “SCOTUScare”).

A few days after his death, the Law and Liberty website organized a symposium on Scalia with six contributing legal scholars.  A couple of samples:

Ralph A. Rossum

In 1987, a year after Antonin Scalia’s confirmation as an associate justice of the Supreme Court, only 7 percent of the briefs filed before the Supreme Court made an originalist argument. Twenty years later, 35 percent did so. This is no accident.

Scalia joined a Supreme Court whose members were generally results-oriented, embracing some notion of a “Living Constitution”—the belief that the founding charter is essentially an empty vessel into which they could pour whatever new wine they wished. They saw the Constitution as having no permanent or fixed meaning but rather as a living, evolving document that must be interpreted to conform to the times. Justice Scalia utterly rejected that view. He insisted instead that the times must conform to the Constitution, and he pulled the Court (initially single-handedly, later in tandem with Justice Clarence Thomas) in an originalist direction.

Hadley Arkes

He never quite took my point that this was indeed what the “natural law” was about—not some high-minded “theory” hovering above the earth, but the axioms of reason as they bear on our practical judgments of right and wrong. We would persistently joust with each other over “natural law,” and yet on one issue after another, he was the justice who spoke my mind in the case at hand, whether it was the defense of the child in the womb, the preservation of marriage, a respect for federalism and the separation of powers, or the rejection of racial preferences in assigning benefits and disabilities to people solely on the basis of their race. And so when the Court issued an opinion and he was in dissent, I would begin by reading his dissent first. I would take that as the argument that the opinion for the majority would have to beat.



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74 thoughts on “Tuesday’s Remembering Nino Open Comments

  1. The FBI did not believe Michael Flynn lied to them.

    So in March, lawmakers wanted Comey to tell them what was up. And what they heard from the director did not match what they were hearing in the media.

    According to two sources familiar with the meetings, Comey told lawmakers that the FBI agents who interviewed Flynn did not believe that Flynn had lied to them, or that any inaccuracies in his answers were intentional. As a result, some of those in attendance came away with the impression that Flynn would not be charged with a crime pertaining to the Jan. 24 interview.


    Yates went on to become a heroine of the Trump resistance (and at least one of Mueller’s prosecutors) after she refused to enforce the president’s travel ban executive order, and Trump summarily fired her. Her legacy lives on in United States v. Michael T. Flynn.

    But to outside observers, mystery still surrounds the case. To some Republicans, it appears the Justice Department used a never-enforced law and a convoluted theory as a pretext to question Flynn — and then, when FBI questioners came away believing Flynn had not lied to them, forged ahead with a false-statements prosecution anyway. The Flynn matter is at the very heart of the Trump-Russia affair, and there is still a lot to learn about it.

    As brilliant as Byron York’s column is in exposing the glaring weaknesses and apparent malpractice at the top of the DOJ and FBI, one thing missing from this piece is…

    Mueller already has enough evidence to bring charges against both Flynns, according to an NBC News report from Sunday. The evidence relates to the senior Flynn’s undisclosed lobbying efforts for a businessman with ties to the Turkish government in 2016, when he was also an adviser on the Trump campaign.

    Flynn Jr. was his father’s chief of staff, and appears to have worked closely with him in his lobbying work. According to some legal experts, Mueller’s focus on the younger Flynn could be an attempt coerce his father into cooperating with the investigation.

    Consider you are approaching bankruptcy and running out of money to pay lawyers to defend you, DOJ prosecutors start threatening your son with indictment, your wife and family are distraught, so what do you do ?

    You cave and agree to a single, bogus plea of guilty for lying to the FBI, even when the agents themselves did not believe you lied. Thuggery with law degrees.

    Plus, John Hinderaker at Powerline:

    Why would Flynn plead guilty to a single count if he was innocent? That seems like a logical question to those who have never had the full might of the federal government directed against us. Our friend Howard Root could explain what it feels like to have the inexhaustible resources of the federal government committed to putting you in prison, as a political pawn. Flynn has said that he was nearly broke as a result of having to pay lawyers to defend him against the special prosecutor’s counsel’s vendetta, an entirely plausible claim. With the Trump administration taking a hands-off approach–theoretically proper but entirely unhelpful, if you are Michael Flynn–it isn’t hard to see why he might plead guilty to something he didn’t do.

  2. Good gloomy morning Hamsters. We have a rousing 44 at 7 with prospects of making it into the 50s today under leaden skies sometimes leaking rain. Did not make it out of the upper 40s here yesterday, much to the embarrassment of the weather folk who were aiming higher.

    Great tribute to Antonin Scalia above.

  3. Unfortunately, Texas didn’t get this company. Another arms maker has fled the bi-coastal regions for much more hospitable environs.

    Founded in 1945 by Roy Weatherby in South Gate, California, Weatherby, Inc. is an American firearms company that prides itself on craftsmanship, reliability, and safety. The Weatherby name is known around the globe for their rifles and hyper-velocity magnum cartridges that are as accurate as they are powerful.

    2018 will mark a new chapter as Weatherby will be relocating to the beautiful mountain town of Sheridan, Wyoming. Not only does it offer the perfect combination of rural living and political friendliness, it will be home to Weatherby’s new custom manufacturing facility and company headquarters.

    The flight to avoid persecution by totalitarian commies continues unabated from California.

  4. #8 TT:
    Dishwasher could be used to get the meat to temp, but would still need to be seared for flavor afterwards.
    This process is similar to what some big steak houses do: They seal the meat in bags and soak them in rare temp water. When they are ordered, they are seasoned and tossed on a very hot grill for the sear and to cook to the done-ness required by the customer. It does not take long because the meat is already done to rare level, it just needs to be finished.

    Iron makes very good sense as it is just like a griddle only hand held.

    Toaster, upright, just seems silly, like begging for bad things to happen. Toaster oven, if you can get it hot enough will work well.

  5. Noted lying sack of crap, Susan Rice, emailed herself a note stating that JugEars wanted the Trump/Russia to go strictly by the book. Yeah, right. That was a flaming CYA move that should not fool anyone, unless “the book” is the same as “the insurance policy” then, yeah it makes sense.

  6. #8, 10 – My little George Foreman grill does all kinds of meats very well with minimum effort. Steak, burgers, chicken and so forth. Also good for breakfast meats. For just one or two people, no need to fire up the outside grill and deal with all that mess. That toaster thing might work. If you will loan me your toaster, I’ll try it out.

  7. Big old skunk rooting around in my back yard when I got up this morning. It was cold, and it had its hair all fluffed up to make it look larger I think. Anyway, by the time I got some pants on and looked again, it was gone. Think I’ll go ahead and get the .22 out of its hidey hole and have it available as it will probably return tonight. Maybe I’ll grill a couple of chicken thighs on the George Foreman grill and bait a trap with the bones. I do not like having skunks around, and the city dog catcher (I think they call them animal control officers now) says he’s trapped well over a hundred recently. He told me not to call, just to take care of it, so if you get a call from me in jail begging for bail money, you’ll know what happened.

  8. I put steaks in the oven on about 200 for an hour or so. My gas stove has a big burner that’s useful for boiling sketti water. I put a cast iron griddle on it, turn it up to high for several minutes until it’s smoking hot.

    Apply salt & a little avocado oil (520 degree smoke point) and give them a good sear for a tasty crust with rare/med rare throughout the rest and very little med-well meat.

  9. WB

    Got a preferred method to cook a beef ribeye roast? Fifty dollar piece of meat I’m askeered to mess it up.

  10. #18 GJT: Do it like Pyro mentioned in #17, mebbe keep it in the oven a bit longer. Be sure to sear the thing after you are done in the oven, otherwise it won’t look like food.

  11. BOOOOOOOOOOM! Bye bye bad guy tank.

    Fox News’ Lucas Tomlinson first reported the news of the tank’s destruction and said that it had fired on US special operations troops in the same location as an attack last week, wherein 500 pro-regime forces fired on a US and SDF headquarters.

    The US responded to that attack on February 7 with a furious barrage of air and artillery strikes and reported killing 100 pro-regime forces, but sources told Bloomberg on Saturday that as many as 200 or 300 Russian mercenaries were killed in the attack.

    Rankine-Galloway said that no US or Syrian forces were killed or hurt in the tank attack, and the Pentagon reported only one SDF wounded after the attack on February 7.


  12. Morning, chickadees. I was up till midnight trying to promote another online fundraiser for a rescue pup in Ft Worth, but we came pretty close to striking out. Only added $200 to a fund that is still lacking over $1K for a surgery bill. So I’m off to a later, slow start today too.

  13. #18 tomtim

    If you’ve got a few days, dry age it in the fridge. There’s many YouTube vids on that. Basically you put the roast in a rack over a plate, cover with cheesecloth , and put on bottom shelf near the back.

    To cook, trim off the really dry crusty parts. LEAVE THE FAT ON. Put on a rack in a roasting pan and let it sit on the counter to warm up to room temp.

    Preheat oven to 225. Apply generous amounts of kosher/sea salt (NOT table salt. The iodine gives it an off flavor) & pepper. You can optionally make a paste out of finely chopped rosemary, thyme, and sage, mix with oil, and smear it all over the outside of the roast in addition to the salt & pepper.

    Insert a thermometer probe so the tip is as close to the middle as you can manage. Put roast in oven and cook until thermometer reads 118-120 ( I know, very rare, but bear with me). Remove the roast from the oven, cover with a couple of folded _clean_ towels and let rest in the counter until temp creeps up to 128-130 (20-30 min).

    Crank heat in oven up as high as it will go. Remove thermometer from roast and put roast back in oven for 10 or so minutes until you get the desired amount of crustiness.

    This will give you a roast that’s med rare starting about 1/8”-1/4” from the edges all the way thru the middle.

    If you’re a philistine that has it in for good meat, just cook longer in the first part and remove the roast about 10 or so degrees cooler than your target and continue with the rest.

    Pan sauce is up to you.

  14. btw – I used the above method at Christmas and it was muchas yummy. You can also throw some root veggies in the pan, but with the low temp you might have to cut them into pretty small pieces for them to cook thru.

  15. I saw Dana Loesch on one of the Fox news shows last night, talking about Obama’s portrait, she said; it looks like he’s fighting with Kudzu. I Googled it but coudn’t find a link.

  16. #22

    Thanks, I wanted to do the slow cook way vs cooking at temperature start to finish but wasn’t sure. So you don’t cover at any point and why would I need to remove thermometer in the last stage? Medium rare is my preference but wanted the wife to see the temp so the pink wouldn’t scare her. Not sure I’m comfortable trying the dry aging myself but I might.

  17. #18 I haven’t seen a piece I’d pay more than $20 for since, well, you know….

    If you dry age and trim the crusty parts off but leave the fat on its worth it.

  18. I was returning from an errand, and Laura and sidekick were discussing the TBO portrait. It seems that this artist has a “signature” – he includes spermatozoa somewhere in his paintings.

    It’s actually on TBO’s forehead/temple, his left hand side.

    I don’t know if I’m grossed out or just thinking it is appropriate. He screwed us all. He was low class. He….

  19. About 3 years ago, we came downstairs on a Sunday morning to find 12″ of water in our basement. It took all day and the next to pump out the water and clean everything up.

    The water heater tank had failed (the bottom fell out) and so it just kept filling and dumping for hours in the night. I went down to Home Depot and got a new Rheem 50 gallon heater and installed it. I connected the water lines to what are supposed to be dielectric male nipples on the tank. But 2-1/2 years in the connections started to corrode heavily.

    This morning I went down to Home Depot with the old one and they gave me a brand new $579 Rheem water heater at no charge even though I used it for 3 years. I won’t complain about HD now for at least 48 hours.

  20. Those gigantic hands continue to astound me. Doesn’t Bronco notice how weird that looks? Regarding the 6th finger, EG’s #26 had one entry that tied it in with Inigo Montoya’s search for the 6-fingered man who killed his father. (The Princess Bride.)

  21. I think right jow there’s a Russian battle tank in Syria hit enough to cook a roast and steaks. Get tour grilling and cooking on folks!

  22. #35: I have been buying whole rib eyes for years and cutting my own steaks – works just great and less expensive. Buy in bulk, its the best way to save.

  23. #30 timtom
    I take the thermometer out because I’m afraid the cord (electronic thermometer) would get damaged – no other reason. 550-600 degrees just feels really hot.

    It’s never covered in the oven.

    It’s hard to tell from the pic, but the meat is most definitely cooked all the way through. That one ended up a touch on the rare side, but not so much that Yellow Hair, who likes medium well (sigh), wouldn’t eat and actually like it. The roast is basically done before you put it back in the oven. That step is just to get a really nice bark/crust.

    The single most important thing is to let it rest a _long_ time. Notice in the pic how there’s hardly any juice leaking out even though it was very very juicy. If you fold a couple bath towels in half or thirds and completely cover it, it’ll stay hot for a good 30-45 minutes with no problem.

    I once drove a turkey that had just come out of the oven to College Station in a cooler with a couple towels to help hold it still. After at least 90min (game day traffic) it arrived hot enough that I needed gloves to hold it still while I carved it.

    I buy mine at Costco whole in cryo-vac bags. Around the holidays, they’ll sell half roasts and also bone-in. It’s usually around $7/lb (I think).

    Like texpat, I usually make mini-roasts for the grill, but for a big holiday dinner, a nice roast really makes for a great family meal.

  24. Unlike other cases where cops end up on trial for questionable use of deadly force or unjustified violence in the line of duty, the activities of members of the Gun Trace Task Force were something entirely different. These guys were involved in nothing short of violent, armed robbery against people who correctly worried that they had no recourse for justice in the courts. Many were drug dealers (some who testified at trial in exchange for immunity) but some were simply ordinary citizens.

    These cops went into various homes and businesses, pulled weapons on the “suspects” in the name of investigating a crime, and proceeded to rob them of large sums of cash, sometimes divvying up their loot at a local bar afterward. In one particularly brazen instance, the officers invaded the home of a drug dealer and broke into his safe, discovering $200K in cash. They took half the money for themselves, then filmed a staged scene where they “discovered” the other half of the cash and arrested them. In another instance, a married couple accused of no crime at all were robbed of $20K at gunpoint.


  25. Remngton’s gone bankrupt. Hope they can climb out of their predicament.

    However, with customers less concerned that their ability to accumulate guns might be cut off, retailers that had built up inventory anticipating a Clinton presidency found themselves with lots of unsold guns on their hands.

    Gunmakers including Remington Outdoor took a hit, and the Madison, North Carolina-based company on Monday said in a statement that it intends to file for Chapter 11 bankruptcy protection after reaching an accord with lenders that grants them ownership of the 200-year-old company.


  26. 45 Darren

    A hedge fund guy had a fantasy of building the largest arms company in the world so he started buying up companies, including Remington. Between his bad timing and the fact he hung Remington with almost 1 billion dollars in debt just as Obama left and Trump won, the company was buried and no amount of sales was going to get them out of the trap. The fact that gun sales slumped after Hillary lost just shoved them over the cliff.

    Remington had a much smaller debt load before, but I think they would have been just fine if Steve Feinberg and Cerberus Capital had never bought them. They could have worked their way out of their problems with an IPO. I feel sorry for the employees if the pension and profit sharing plans are heavily invested in the parent company stock.

  27. Michael Ledeen:

    Sunday provided a clear test of the strength of the regime and its supreme leader, Ali Khamenei. The occasion was the anniversary of the 1979 Revolution that overthrew the shah and imposed a theological dictatorship. Khamenei, President Rouhani and their henchmen were eager to demonstrate that the Iranian people actually supported the regime, and that the widespread anti-regime demonstrations of the past month were the marginal consequences of foreign meddling, not genuine passion. Hence the mullahs called for monster rallies to celebrate the 39 years of Islamic Revolution.

    It didn’t work.

    Turnout was shockingly low, and in fact there were scores of anti-regime demonstrations. Speeches by regime supporters were interrupted, and women brandished hijabs in acts of defiance. A fiasco for the regime.

  28. Another classic American company in trouble.

    “Gibson Brands, Inc. today announced that the company made a $16.6 million coupon payment to holders of its $375 million, 8.875% senior secured notes due 2018.”

    That simple statement issued a week ago — at all of 26 words, it’s less than a quarter the length of Gibson’s boilerplate company description that accompanied it — suggests a business-as-usual tone of a company taking care of its contractual commitments.

    But the situation facing the iconic Nashville-based music instrument maker, which has annual revenues of more than $1 billion, is far from normal: CFO Bill Lawrence recently left the company after less than a year on the job and just six months before $375 million of senior secured notes will mature. On top of that, another $145 million in bank loans will come due immediately if those notes, issued in 2013, are not refinanced by July 23.

    Less than six months out from those crucial deadlines, the prospects for an orderly refinancing — Gibson has hired investment bank Jefferies to help with that — look slim, observers say. And the alternative scenarios look likely to sideline longtime owner and CEO Henry Juszkiewicz.

  29. That is such a standard practice. Take a solid company, leverage it to (and even beyond the hilt), cash out the good assets, and leave the bones for the creditors in the bankruptcy courts. LBO’s have never been a good deal, and they never will be a good deal. The sharks feed on the company’s historic good name and invite the unwitting investor to join up. Yet it goes on over and over again, some times multiple times with the same picked over bone pile. A pox on all those fund managers.

  30. (NOT table salt. The iodine gives it an off flavor)

    We always buy the Morton salt without iodine.
    There isn’t a reason in the world for the average person on an average American diet to use the iodized salt.

  31. I usually use Real Salt. It’s mined in Utah(?) and not refined, so it has a brownish cast. I think it tastes less salty than refined salt, while retaining its seasoning properties.

  32. I once drove a turkey that had just come out of the oven to College Station

    Boy I bet that looked pretty funny.

  33. We keep some designer salt around, but I’ll leave it up to someone else to change the habits of a highly successful 77 year old Southern chef.

  34. Sean White just KILLED at the half pipe on his first run.

    The weenie contest is back on. This ought to be good. The Japanese guy challenged him on his earlier run.

    Amazing what these guys can do with a lot of air and a little snow.

  35. We use nothing but Kosher salt around here. No iodine and it’s coarse so there is slightly less sodium per measure than table salt.

  36. I’ve decided to take up snowboarding. I figure I can break the few bones left in my body I haven’t already broken and have a good time doing it.

    It looks like one helluva lot of fun.

  37. 58 GJT

    You’re probably right. I think those Okies cook turkeys with the feathers on so by the time WB made it to Aggieland all the burnt feathers had blown off.

  38. I’m wondering, though, if lack of iodine in the diet is why Her Highness acts crazy half the time.

    Maybe I should ask El Gordo.

  39. #62

    Last time I went skiing, the snowboarders were a bunch of pesty punk kids, skateboarders on snow. I’m guessing it’s all different now.

  40. 64 GJT

    Yeah, but I want to round up a gang of mean, old, cranky geezers and run them off the slope. You know what they say about treachery and experience versus youth and strength.

  41. Shaun White dq’d on his next two runs – he won’t be getting a gold on this, his last Olympics.

    What a disappointment for him, I’m sure. He’d rather go down fighting, rather than go down.

  42. Take that back – Shaun has one more run and the Japanese guy just ate it.

    There is no freaking way you’d catch me upside down and facing a 30 foot fall.

  43. Those snowboarders are fearless because they smoke a lot of dope. They say it’s a cultural thing.

    #63 – I doubt the absence of iodine has anything to do with it. Just remember that they are crazy all the time, even if they only act crazy half the time. Shrimp and craw dads are good sources of iodine. I haven’t yet discovered the antidote to crazy though.

  44. They said it was only 4 months ago Shaun had to have 62 stitches in his face from a serious wipe out in New Zealand. That’s a lot of fear to overcome.

    I don’t know why I’m so happy for the guy, it’s not like I’m a big snowboarder fan, but for some reason his win just makes me very happy. He is so different from the long-haired teen when I first noticed him. He’s all growed up now.

    But he’s got a Korean plush toy in his hand. It kinda takes away from the moment.

  45. Apparently there are only 2 non-black actors in “Black Panther”. Martin Freeman who played Bilbo Baggins and Andy Serkis,who played Gollum.

    They are the Tolkien whites. . . .

  46. Good Valentine’s Day morning Hamsters. Fog is moving in rapidly and is supposed to be the most dense right at sunup according to David Paul. Expect only a quarter mile visibility at its worst he said last might.

    Everything is dripping, but I don’t know if we had anything other than fog all night. Temp on the tall pole’s thermometer in the back yard is 60; Temp on the back porch is 54; fog thickens before our eyes.

    Yes, that finish by Shaun White last night was awesome and so well earned in an obviously dangerous sport. There were pictures of his facial injuries from the terrible spill in New Zealand; they were not pretty. The doc who repaired the damage did a great job.

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