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Conservatives think zombie Scalia should decide cases — including this Bush voter fraud crusader

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Another conservative lawyer is suggesting that Antonin Scalia should be allowed to decide U.S. Supreme Court cases from beyond the grave.

Hans von Spakovsky, a senior fellow at the conservative Heritage Foundation and a former Bush administration official, argued that Scalia’s votes on some pending cases should be counted even after his Feb 13 death, reported Right Wing Watch.

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The conservative legal activist said the late justice had already heard oral arguments in some cases before the court, including Friedrichs v. California Teachers Association, which could hobble public sector unions.

Von Spakovsky told religious right broadcaster Sandy Rios that Scalia had already cast his vote in conference after hearing arguments — and he said Chief Justice John Roberts had an “absolute obligation” to count the deceased jurist’s vote.

“After oral arguments before the court, the justices leave the courtroom and they go to a conference room in the Supreme Court building and they take a vote,” von Spakovsky said during the Feb. 15 interview.

“So that’s the point at which they know how a case is going to be decided and the chief justice then makes assignments of who will write the majority opinion and et cetera,” von Spakovsky continued. “I think the chief justice has an absolute obligation to give credit to Scalia’s vote in those cases that have already been decided, even if he didn’t write his opinion yet, because they know how he would have voted.”

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However, justices can and do change their minds after voting in those conferences — as Roberts famously did when he upheld the Affordable Care Act.

That historic fact — along with the general rule that “dead justices don’t vote” — was pointed out over the weekend to anti-government attorney Kory Langhofer, who also argued that Scalia should be able to enforce his conservative legal agenda from the afterlife.

Veteran Supreme Court attorney Roy Englert also made the same point shortly after Scalia’s passing, saying the “vote of a deceased justices does not count.”

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It’s ironic that von Spakovsky would advocate for the voting rights of a dead jurist — because he spent his years in the U.S. Justice Department under Bush promoting the mythical epidemic of dead voters.

Von Spakovsky, a frequent Fox News guest, is largely credited with turning the myth of widespread Democratic voter fraud — including votes cast on behalf of the deceased — into “Republican orthodoxy,” reported the New Yorker.

Perhaps if this argument doesn’t work, von Spakovsky can argue against the “one person, one vote” principle to justify giving a second vote to justices Clarence Thomas or Samuel Alito — who have been more reliably conservative than Scalia in recent years.

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Watch this video report featuring von Spakovsky posted online by One America News Network:

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Enjoy this piece?

… then let us make a small request. Like you, we here at Raw Story believe in the power of progressive journalism — and we’re investing in investigative reporting as other publications give it the ax. Raw Story readers power David Cay Johnston’s DCReport, which we've expanded to keep watch in Washington. We’ve exposed billionaire tax evasion and uncovered White House efforts to poison our water. We’ve revealed financial scams that prey on veterans, and efforts to harm workers exploited by abusive bosses. We’ve launched a weekly podcast, “We’ve Got Issues,” focused on issues, not tweets. Unlike other news sites, we’ve decided to make our original content free. But we need your support to do what we do.

Raw Story is independent. You won’t find mainstream media bias here. We’re not part of a conglomerate, or a project of venture capital bros. From unflinching coverage of racism, to revealing efforts to erode our rights, Raw Story will continue to expose hypocrisy and harm. Unhinged from corporate overlords, we fight to ensure no one is forgotten.

We need your support to keep producing quality journalism and deepen our investigative reporting. Every reader contribution, whatever the amount, makes a tremendous difference. Invest with us in the future. Make a one-time contribution to Raw Story Investigates, or click here to become a subscriber. Thank you.



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2020 Election

Trump campaign mocked after unveiling new red hats: ‘Do you have arm bands as well?’

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President Donald Trump's 2016 "Make America Great Again" hats have been replaced with new "Keep America Great" hats.

Trump re-election campaign manager Brad Parscale modeled one of the hats on Twitter.

Here is some of what people were saying:

https://twitter.com/LazarusLeBaron/status/1165430924093165568

Here I made an arm band design for you pic.twitter.com/inTyqVi2wo

— Christopher Goodwin (@LazarusLeBaron) August 25, 2019

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‘This will not end well’: Far-right extremism expert warns of Trump’s intensifying authoritarianism

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An expert on the far-right in America warned of President Donald Trump's "genuinely dangerous levels" of authoritarianism on Saturday.

Author David Neiwert posted a long Twitter thread on the commander-in-chief's "Social Dominance Orientation" -- and warned it will not end well.

Neiwert is the author of the 2017 book Alt-America: The Rise of the Radical Right in the Age of Trump.

Here is the thread he posted:

https://twitter.com/DavidNeiwert/status/1165428067138846720

https://twitter.com/DavidNeiwert/status/1165428524808724480

https://twitter.com/DavidNeiwert/status/1165429018486702081

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Ilhan Omar trolls GOP lawmakers ‘losing their minds’ over sharing the House floor with three Muslim Democrats

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One of the first Muslim women elected to Congress trolled her GOP colleagues for "losing their minds" over the existence of three Muslims in the House of Representatives.

The three Muslims in Congress are Rep. Ilhan Omar (D-MN), Rep. Rashida Tlaib (D-MI) and Rep. André Carson (D-IN), with Omar and Tlaib being the first to Muslim women in the body

Rep. Mo Brooks (R-AL) worried about the "growing influence" during an appearance on a local radio station.

Intercept columnist Mehdi Hasan posted a link to the interview on Twitter, calling it "open bigotry."

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