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You want semantics? You got semantics. We'll even throw in a little Grand Theft Auto IV reference for all you gamers out there awake enough to pry your mitts off of the controller:
Does any of torture talk have any blowback on the Republican Party, or is John McCain going to quash all that nonsense should he make it to the White House?
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In the same interview Scalia claimed to have voted to uphold the Death with Dignity act in Oregon (a limited assisted suicide law) because of states rights. Upholding that law would have been consistent with his judicial philosophy of limited interference with states rights.
Unfortunately, Scalia DID NOT vote with the majority but voted his catholic faith on that one. I was stunned that he had forgotten which side he had voted on.
Unfortunately, Scalia is on the Supreme Court, so his opinion matters, looney toon that he is.
Did we really want to know how he thinks? Let's just all agree that he is crazy and move on.
I mean, technically, Scalia is right. The Eight Amendment applies to judicially imposed penalties, whether criminal or civil (State Farm v. Campbell). The issue is not whether torture violates the Eight Amendment though, it's whether certain acts performed during interrogation violate treaties to which we are party. He was just asked the wrong question.
what a prick!