Balancing the Scales of Justice for Pro Se Homeowners

RIP Justice Scalia

Posted by on Feb 13, 2016

RIP Justice Scalia

I was deeply sadden to read of Justice Antonin Scalia’s passing. He was a conservative justice that made no apologies for his conservative views and was a staunch supporter of the United States Constitution (and Bible). I think it is truly a blow to our U.S. Constitution and the rule of law in this country.   Where often we think of conservative’s as big business supporters, Judge Scalia believed the law was the great leveler; the one place where every person should be protected by the rights every citizen is entitled to under the US Constitution and our laws.

Noted for his ability to use piquant slang  (notably “jiggery-pokery” and “pure applesauce,” wonderfully quaint euphemisms for “bullshit”)[1] to get his point across, Justice Scalia   was undoubtedly one of the most entertaining legal writers of our time, if not in all of US History. Reading his opinion unaware could well lead to snorting hot coffee through one’s nostrils, while gleefully laughing as he handed dissenting justices a vitriolic expose on the actual rule law, in line with the United States Constitution. Not to say that I supported 100% of his opinions; I was simply in awe and in love with his legal reasoning.

(Jesinoski v. Countrywide Home Loans, Inc. (2015) ___U.S.___ [135 S.Ct. 790, 190 L.Ed.2d 650, 25 Fla. L. Weekly Fed. S. 29].) is but one opinion that we all were pleased to read, and perhaps some of us, had secretly hoped he would call the National Banks on their jiggery-pokery and pure applesauce but with an unanimous opinion it clearly was not necessary. The banks and their sympathetic, biased judiciary friends were told their applesauce does not trump our legal rights and gave us back one of the greatest legal tools (rescission) to dump that applesauce back on to the bank.

The US Constitution is about you and me, as individual Americans, and Justice Scalia never wavered from this fundamental fact in his interpretation of the law. Americans lost a great supporter of our individual rights and a strong advocate for our right to demand that every person – and every corporation or company, respect the rule of law.

Rest in peace Justice Scalia. And we shall…




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