Uh-Oh, Scalia Screws Up Royally. Time To Retire.

Uh-Oh, Scalia Screws Up Royally. Time To Retire.
by pollwatcher
Daily Kos
Apr 30, 2014

The Obama administration won a rare Supreme Court victory regarding the rights of the EPA to regulate pollution from coal plants. Instead of the usual 5-4 decision against anything the Obama Administration wants, this decision was a 6-2 decision. And you get 1 guess as to who the 2 opposed were. Yep, Scalia and Thomas.

Well, the minority dissent opinion was written by Scalia, and according to this report from TPM Scalia really screwed up the opinion.

"This is not the first time EPA has sought to convert the Clean Air Act into a mandate for cost-effective regulation. Whitman v. American Trucking Assns., Inc., 531 U. S. 457 (2001), confronted EPA's contention that it could consider costs in setting [National Ambient Air Quality Standards]," Scalia wrote in his dissent, which was joined by Justice Clarence Thomas.

The problem: the EPA's position in the 2001 case was exactly the opposite. The agency was defending its refusal to consider cost as a counter-weight to health benefits when setting certain air quality standards. It was the trucking industry that wanted the EPA to factor in cost. The 9-0 ruling sided with the EPA. The author of the ruling that Scalia mischaracterized? Scalia himself.

The conservative justice's error was noted by University of California-Berkeley law professor Dan Farber, who called it "embarrassing" and a "cringeworthy blunder."

But wait, it gets better.

"This gaffe is doubly embarrassing because Scalia wrote the opinion in the case, so he should surely remember which side won!

... "It is a mind-blowing misstatement of a basic fact of the American Trucking Association ruling which Justice Scalia himself wrote. And it's not just a stray passage -- it's the basis for an entire section of the dissent,"

Looks like someone isn't taking their job very seriously, or maybe it's time to "spend more time with the family". Of course, does anyone really believe Scalia isn't the most political of the Justices?

Superior Court Judge Cline retires after 15 years

Judge Richard Cline.

Superior Court Judge Cline retires after 15 years
By Daily Transcript Staff Report
July 31, 2013

San Diego Superior Court Judge Richard Cline announced his retirement Wednesday, capping a 15-year career on the bench. His last day will be Friday.

Cline is well-known in the North County, having spent his legal career in that region before joining the bench.

Prior to his judicial career, he was an associate at the Law Offices of Richard D. Ring and then partner at Ring and Cline Law Firm in Vista. He also served as the president of the North County Bar Association.

Cline was appointed to the Municipal Court in September 1998 by then-Gov. Pete Wilson and then joined the Superior Court three months later.

While he has spent the majority of his judicial career in probate court, Cline has presided over criminal and civil cases as well.

During his tenure on the bench, Cline has spearheaded such community outreach projects as Youth in Court Day and the On My Honor programs -- both designed to expose students to courtroom procedure.

In addition, he has worked with California State University, San Marcos to develop the On My Honor Teachers Institute. The institute provides training statewide to elementary and high school teachers in an effort to enhance understanding of the state judicial system.

"It quickly became apparent that many of the citizens throughout our community had an inaccurate and grossly incomplete understanding of the role and operation of the court and the third branch of government," Cline said. "Much of this problem is traceable to the skewed information presented by the media, especially television. Many of my colleagues share this view. I decided I could do my part in educating the public through youth outreach programs."

A 1965 graduate of Claremont Men’s College (now Claremont McKenna College), Cline served from Ensign to Lieutenant in the U.S. Navy from 1965 to 1972. He received his law degree from University of San Diego School of Law in 1973.

Cline has both chaired and served on numerous committees for the Center for Judicial Education and Research, where he also served as faculty. In addition, he received a statewide “Ralph N. Kleps Award” for his work on the On My Honor program.

“Judge Cline’s outstanding community service work demonstrated his commitment to educating the public about the justice system," said Presiding Judge Robert Trentacosta. "It will be a fitting tribute to Judge Cline’s legacy for our court to continue this important outreach.”