Attorney Sincerely Suggests Scalia Be Allowed to Vote in Cases From Beyond the Grave


This weekend, an Arizona attorney named Kory Langhofer appeared on local channel News 12 to talk about the death of Supreme Court Justice Antonin Scalia and the impact the justice’s death could have on cases coming out of Arizona.

He used the opportunity to earnestly float his theory that Scalia’s presumed vote should still be included in upcoming cases in spite of the fact that the man has been dead for over a week. Behold:

The lawyer — described by Crooks and Liars as “anti-government” —  insisted, “There’s no Ouija board required to figure out how Justice Scalia would vote on these things, he’s already voted … We know exactly what he thought and it’s not unprincipled to say we should give affect to that.”

Yes, Scalia’s beliefs and even his personality were well known by his colleagues and he did already hear the arguments for an unknown amount of cases, but as another attorney, Thomas Ryan, was quick to say, it’s not possible for a justice to vote from beyond the grave.

Ryan explained that while it’s true Scalia had probably already formed and expressed opinions on a handful of upcoming cases, it’s not unheard of for a justice to change their minds prior to the final vote.

As Mediaite’s own Sam Reisman said, “There’s something kind of genius about this because Scalia’s way of doing things was to attempt to divine how the Founding Fathers would have voted, so it makes sense [Langhofer] wants to divine how Scalia would vote.”

Langhofer himself made no connection quite that deep in his own speech, which you can watch above.

[image via screengrab]

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