🍒 Scalia's dissent in King v. Burwell: Jiggery pokery and words have no meaning.

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Justice Scalia has pioneered using the words "tutti-frutti," "argle-bargle" and "jiggery-pokery" in the dissenting opinions of the nation's highest ...


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In authoring three decisions on the Federal Arbitration Act in his final years on the Court, Justice Scalia played a crucial role in shaping this ...


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The Argle-Bargle Over This Jiggery-Pokery Is Pure Applesauce – Lowering the Bar
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The President on the Passing of Supreme Court Justice Antonin Scalia

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As the Supreme Court justice himself once put it, “Words have meaning … And their meaning doesn't change.” See more at.


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I am saddened by the passing of Supreme Court Justice Antonin Scalia. I did not always agree with him, particularly on Gonzales v. Raich.


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Compelled Decryption: “Jiggery-Pokery” Or “Pure Applesauce"? | Casetext
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Antonin Scalia went full Scalia in his Obamacare dissent - The Washington Post
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In his dissent, Scalia waxed furious about the "interpretive jiggery-pokery" employed, in his view, by the majority of the court in their decision. Few onlookers took ...


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Compelled Decryption: “Jiggery-Pokery” Or “Pure Applesauce"? | Casetext
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Scalia's dissent in King v. Burwell: Jiggery pokery and words have no meaning.
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♫ Scalia's Dissent

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Justice Scalia has pioneered using the words "tutti-frutti," "argle-bargle" and "jiggery-pokery" in the dissenting opinions of the nation's highest ...


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Justice Antonin Scalia: Applesauce, Jiggery-Pokery, and the Judicial Fraud of the Negative Commerce Clause - Stoll Keenon Ogden PLLC
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Scalia's Scathing Dissents | Court Theatre
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Justice Scalia dedicated his life to the cornerstone of our democracy:. “The Court's next bit of interpretive jiggery-pokery involves other parts of.


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15 Of Antonin Scalia’s Best Lines
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From 'pure applesauce' to 'interpretive jiggery-pokery,' deceased Supreme Court Justice Antonin Scalia's legal wit will be sorely missed.


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How to Use Jiggery-pokery Correctly – Grammarist
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Scalia's dissent in King v. Burwell: Jiggery pokery and words have no meaning.
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As the U.S. Supreme Court's term came to an end, Justice Antonin Scalia flaunted his word knowledge in dissents, accusing court majorities of ...


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Justice Antonin Scalia: Applesauce, Jiggery-Pokery, and the Judicial Fraud of the Negative Commerce Clause
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‘Jiggery-Pokery’ Sparks #scalia4kids, Breaks The Internet | Above the Law
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The late Associate Justice Antonin Scalia has been "one of the most masterful legal writers in the history of the Supreme Court.
But meaning or intent is less important than actual use, as neither phrase and many others were uncommon in legal text or analysis before Scalia.
One area where Scalia's opinions may lack evidence of "jiggery pokery" or "pure applesauce" is on the issue of national security.
Adam Klien, writing for LAWFARE, recently about Scalia's discomfort with judicial intervetion on the subject.
Klien juxtaposes that discomfort with Scalia's jurisprudence on constitutional criminal procedure.
Klien frankly admits that in no way should Scalia be considered a "landmark figure in national security law.
Vladeck generally praises Scalia's "style, panache, wisdom, and wit.
According to Vladeck, Scalia's national security jurisprudence was not consistently based in the originalist discipline for which he was famously known.
Instead Scalia more often based his opinions on policy preferences, an approach that as an originalist he generally repudiated in other areas of the law.
These assessments by Klien and Vladeck cause me to wonder how Scalia would view the recent controversy surrounding compelled decryption of smartphones and other mobile devices.
On this issue, I wonder: "What would Scalia do?
Farook and his wife, Tashfeen Malik, 14 people in San Bernidino, California on December 2, 2015.
President Obama jiggery pokery scalia the issue, but the Department of Justice recently Apple's refusal to unlock Farook's iPhone as a ".
The Act provides, in part: "The Supreme Court and all courts established by Act of Sorry, jouer au blackjack en ligne gratuitement consider may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.
Second, the writ must be necessary and appropriate.
Finally, the writ must be in compliance with the law.
Presumably, Pym's order complies with two of the three requirements under the Act.
In that sense, the issuance of the writ may also be necessary and appropriate.
Without that jiggery pokery scalia, other possible co-conspirators who were involved in the San Bernidino shootings or who are planning other killings could remain unknown and could evade justice.
There is no jurisprudence under the Act that is exactly on point.
Nevertheless, those cases jiggery pokery scalia that where probable cause existed a federal court can order a company to assist with providing or obtaining records of telephone activity.
Moreover, federal courts this web page been allowed to issue orders that prevent a company from obstructing the government's efforts to obtain information.
But none of those cases concerned whether a court can compel the creation of technology that aids the government.
In my opinion, Pym's order directly implicates the U.
S Constitution, particularly the Fourth and Fifth Amendments.
Next, I assess those Fourth and Fifth Amendment claims for "jiggery-pokery" and "pure applesauce.
In short, one enjoys the privilege even when they are not sitting in the witness box.
The Court held in that the government can compel the production of documents or things without incurring a Fifth Amendment violation.
Years later, the Court in qualified Fisher.
Hubbell maintained that Fisher may not apply where the disclosure itself was incriminating.
According to Hubbell, the question of whether the privilege protects the act of production was distinct from the question of whether the contents of the production were incriminating.
But Fisher did not involve a situation where one was required to create a document or thing.
Thus, Fisher may not be exactly on point.
A distinctive aspect of Hubbell was that the defendant was required to make extensive use of the contents of his own mind in order to identify and produce the requested documents.
For this reasonthe Court held that the government was precluded from derivative use of the produced documents against the defendant.
This aspect of Hubbell is certainly relevant to the extent that Apple will be compelled to create rather than simply produce technology.
Lower courts are currently on whether the Fifth Amendment prohibits forcing an individual to provide a password to their laptop or mobile device.
The weight of lower court authority is favorable to Apple, which the company will be sure to jiggery pokery scalia />Fisher was decided before Scalia was appointed to the Court, but Scalia was part of the Hubbellmajority.
However, it is unclear that the act of creating and ultimately producing decryption technology incriminates Apple, at least in this case.
The verdict: Pure Applesauce.
It may be unlikely that Scalia would find the compelled decryption violated Apple's rights under the aspects of the Fifth Amendment Self-Incrimination Clause discussed above.
Katz makes clear jiggery pokery scalia the Fourth Amendment goes further than generally protecting individual click at this page, which the Court describes as being let alone by others.
Katz established a two part inquiry to determine whether the Fourth Amendment is triggered: 1 whether a subjective expectation of privacy exists and 2 whether that expectation is one that society is prepared to accept as reasonable.
Another question that governs the applicability of the Fourth Amendment is whether Apple has a privacy interest in the decryption technology it has been ordered to create.
It would be hard to answer this question in the negative.
Apple most likely has a subjective privacy interest in its own technology.
Assuming Apple does have a subjective expectation of privacy in its own technology, it is unclear whether that expectation is one that society would recognize as reasonable.
Riley involved whether, incident to a valid arrest, law enforcement can perform a warrantless search of digital information contained in a mobile phone or PDA device.
The Court ultimately held the searches should have been pursuant to a warrant.
With regards to society's expectations, Riley acknowledged that modern smart phones hold a vast amount of personal information.
Moreover, safety rationales did not apply because mobile devices were not inherently unsafe continue reading harmful.
Riley left for another day whether warrantless search of a smartphone and other mobile device was per se unreasonable.
Instead the Court adopted a case-by-case approach.
Riley also left for another day evidence preservation issues surrounding encryption.
Scalia was a member of both the Carter and Riley majorities.
Carter makes clear that Apple cannot assert a Fourth Amendment claim on behalf of its customers.
But Apple mostly likely has a subjective privacy interest jiggery pokery scalia its own technology.
Based on Riley, Apply may also have a strong argument that the privacy settings and security features embedded in its products were a reasonable response to customer demand for privacy and security.
Thus, society may not accept as reasonable the government's assertion that a court could force Apple to create technology that disables or bypasses a privacy or security setting a user enabled.
It may jiggery pokery scalia likely that Scalia would find the compelled decryption order violates Apple's rights under theaspects of the Fourth Amendment Search and Seizure Clause discussed above.
She teaches subjects related to government structure and individual rights under the United States Constitution.
She is a somewhat obsessive user of multiple Apple products.

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As you know, the U.S. Supreme Court upheld the availability of tax credits for the purchase of insurance on the federal exchange by a ...


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‘Jiggery-Pokery’ Sparks #scalia4kids, Breaks The Internet | Above the Law
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Scalia's dissent in King v. Burwell: Jiggery pokery and words have no meaning.
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Argle-Bargling Jiggery-Pokery: Scalia's Greatest Hits - Newsy