Justice Scalia Has No Robe

Earlier this week, "conservative intellectual" joined its half-brother, "compassionate conservatism," on the official list of oxymorons. The two terms are working hard to displace "military intelligence" from the top of the list.

Fat Tony Scalia is often cited as a great example of conservative intellect. He is articulate, witty, and crowned with a mind like a steel trap. On Wednesday, however, the Justice played buffoon during oral arguments in Salazar v. Buono. No excuses. He wasn't being flamboyantly provocative during a lecture or at a dinner party. Scalia was on the job; one of nine appointed as the final line of protection for our Constitution.

JUSTICE SCALIA: The cross doesn't honor non-Christians who fought in the war? Is that -- is that --

MR. ELIASBERG: I believe that's actually correct.

JUSTICE SCALIA: Where does it say that?

MR. ELIASBERG: It doesn't say that, but a cross is the predominant symbol of Christianity and it signifies that Jesus is the son of God and died to redeem mankind for our sins, and I believe that's why the Jewish war veterans --

JUSTICE SCALIA: It's erected as a war memorial. I assume it is erected in honor of all of the war dead. It's the -- the cross is the -- is the most common symbol of -- of -- of the resting place of the dead, and it doesn't seem to me -- what would you have them erect? A cross -- some conglomerate of a cross, a Star of David, and you know, a Moslem half moon and star?

MR. ELIASBERG: Well, Justice Scalia, if I may go to your first point. The cross is the most common symbol of the resting place of Christians. I have been in Jewish cemeteries. There is never a cross on a tombstone of a Jew.

(Laughter.)

MR. ELIASBERG: So it is the most common symbol to honor Christians.

JUSTICE SCALIA: I don't think you can leap from that to the conclusion that the only war dead that that cross honors are the Christian war dead. I think that's an outrageous conclusion.

MR. ELIASBERG: Well, my -- the point of my -- point here is to say that there is a reason the Jewish war veterans came in and said we don't feel honored by this cross. This cross can't honor us because it is a religious symbol of another religion.


An "outrageous conclusion?" One of conservatisms leading lights lacks the imagination to see any part of the world, any other people, as existing differently from his experience. No wonder the Republicans went bonkers over Sonia Sotomayor's wise Latina comments and Obama adding empathy to the SCOTUS job description. Conservatives have locked themselves inside their gated communities of a white Christian nation. Everyone different is a threatening enemy including, as Scalia sees it, vocal decedents of dead Jewish war veterans.

One by one, the great conservative thinkers parade naked through the streets, thrilled by the cheers of the few, but naked all the same.

Hijacked Republicans

Pundits including Paul Krugman and Rachel Maddow tell us that the Republican party has been "hijacked" by conservative crazies. When was the party different? Maybe in Abe Lincoln's time. The GOP has long been an assembly of sociopaths worshiping the flag and stomping on the Constitution.

Who among Republicans publicly choose principle over right wing orthodoxy? I can only think of two events. Both are now distant history: Eisenhower sent troops to Little Rock to enforce court-ordered desegregation and Rep. Pete McCloskey opposed the Vietnam War. Anything else? How many Republicans spoke out against Joe McCarthy or Richard Nixon when it mattered? No; they acted like vultures hovering in the distance until time to feast on the carrion. How many Republicans admitted that Bill Clinton's impeachment was an obvious, unwinable, mean-spirited distraction from the nation's problems?

Look, I'm too old to expect magnificence in politics. There are no more profiles in courage. But, the Republican farm system produces a unique stream of craven dullards without capacity for self-reflection. They only know a three-page playbook: false piety, fake indignation, and manufactured fear. Reality is an enemy. Craziness is normal.

Ronald Reagan preached against Social Security and Medicare. He forecast socialism and doom. Has any Democratic president made such outrageous claims? Conversely, have any conservatives apologized for their idiot decisions? Instead, they Winston Smith history to convert failed right wing nuttiness into victory: the United States could have won in Vietnam, Joe McCarthy was correct all along, and Franklin Roosevelt prolonged the Great Depression.

Once again, I advocate a simple strategy. Every response to every conservative statement needs a preamble, "You were wrong about Iraq, wrong about financial deregulation, wrong about torture, wrong about civil rights, wrong about global warming, wrong about Terri Schiavo, wrong about sex education, wrong about energy conservation, wrong about tax cuts for the wealthy. Why should I believe you now?"