# Any of the usual Scalia defenders want to explain this one?

**URL:** <https://boards.straightdope.com/t/any-of-the-usual-scalia-defenders-want-to-explain-this-one/687530>\
**Category:** Great Debates\
**Created:** [May 2, 2014, 7:38pm UTC](https://boards.straightdope.com/t/any-of-the-usual-scalia-defenders-want-to-explain-this-one/687530 "2014-05-02T19:38:30Z")\
**Posts on this page:** 6\
**Page:** 2

<div class="post-metadata">

**Author:** ![Accidental\_Martyr](https://avatars.discourse-cdn.com/v4/letter/a/ce7236/32.png) [@Accidental\_Martyr](https://boards.straightdope.com/u/Accidental_Martyr)\
**Post date:** [May 6, 2014, 2:46am UTC](https://boards.straightdope.com/t/any-of-the-usual-scalia-defenders-want-to-explain-this-one/687530/21 "2014-05-06T02:46:14Z")

</div>

> [@yellowjacketcoder](#):
>
> I’m really afraid to ask which Justice has that moniker…

> **[Long Dong Silver](https://en.wikipedia.org/wiki/Long_Dong_Silver)**
>
> Long Dong Silver is a British retired porn star known for his large penis. He was born in 1960 in London, England, as Daniel Arthur Mead. His stage name is a reference to the fictional Treasure Island character Long John Silver.
> Famed for the apparent size of his penis, reputedly 18 inches (46 cm), he appeared in several pornographic movies in the UK and US during the late 1970s and early 1980s. Photographer Jay Myrdal said that although Silver "was immensely endowed ... a good nine or ten inc...

---

<div class="post-metadata">

**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [May 6, 2014, 3:06am UTC](https://boards.straightdope.com/t/any-of-the-usual-scalia-defenders-want-to-explain-this-one/687530/22 "2014-05-06T03:06:42Z")

</div>

> [@CapnPitt](#):
>
> I think his point is, **Bricker** , that you trot out the tu quoque a lot.

> [@Bricker](#):
>
> Clearly this is not tu quoque.
> 
> As I clearly explained above.
> 
> Do you understand the tu quoque fallacy?

Agreed. The _to quoque_ begins and ends at “but your guy does it, too!”. This is noting that “behavior X by justice Y”, which the OP has stated must be ideologically driven is seen in behavior by justice Z, so it’s natural to ask if that is also ideologically driven.

I wonder what CapnPitt thinks of the [Poisoned Well](http://www.logicallyfallacious.com/index.php/logical-fallacies/141-poisoning-the-well) fallacy.

---

<div class="post-metadata">

**Author:** ![yellowjacketcoder](https://avatars.discourse-cdn.com/v4/letter/y/4bbf92/32.png) [@yellowjacketcoder](https://boards.straightdope.com/u/yellowjacketcoder)\
**Post date:** [May 6, 2014, 3:08am UTC](https://boards.straightdope.com/t/any-of-the-usual-scalia-defenders-want-to-explain-this-one/687530/23 "2014-05-06T03:08:31Z")

</div>

> [@Accidental\_Martyr](#):
>
> [Long Dong Silver - Wikipedia](http://en.wikipedia.org/wiki/Long_Dong_Silver)

[QUOTE=Wikipedia]  
He received new fame in the wake of allegations of sexual harassment during the Clarence Thomas confirmation hearings in the U.S. Senate in 1991, as Anita Hill alleged that Thomas had mentioned to her that he was a viewer of Long Dong Silver’s films  
[/QUOTE]

:eek:🆒😛

---

<div class="post-metadata">

**Author:** ![CapnPitt](https://avatars.discourse-cdn.com/v4/letter/c/edb3f5/32.png) [@CapnPitt](https://boards.straightdope.com/u/CapnPitt)\
**Post date:** [May 6, 2014, 3:12am UTC](https://boards.straightdope.com/t/any-of-the-usual-scalia-defenders-want-to-explain-this-one/687530/24 "2014-05-06T03:12:46Z")

</div>

> [@John\_Mace](#):
>
> Agreed. The _to quoque_ begins and ends at “but your guy does it, too!”. This is noting that “behavior X by justice Y”, which the OP has stated must be ideologically driven is seen in behavior by justice Z, so it’s natural to ask if that is also ideologically driven.
> 
> I wonder what CapnPitt thinks of the [Poisoned Well](http://www.logicallyfallacious.com/index.php/logical-fallacies/141-poisoning-the-well) fallacy.

He had a good argument which was totally fine and convincing. He should have stopped after “So Scalia correctly explained the result of American Trucking – he just got the positions that the EPA and American Trucking argued reversed.” I agreed with him at that point.

Everything else is just to draw attention away from the issue. If I wanted to poison the well, I’d tell you what I really think of him. But as usual, thread derailed because he has to bring up extraneous points and idiots like me have to rise to the bait.

---

<div class="post-metadata">

**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [May 6, 2014, 3:22am UTC](https://boards.straightdope.com/t/any-of-the-usual-scalia-defenders-want-to-explain-this-one/687530/25 "2014-05-06T03:22:02Z")

</div>

> [@CapnPitt](#):
>
> He had a good argument which was totally fine and convincing. He should have stopped after “So Scalia correctly explained the result of American Trucking – he just got the positions that the EPA and American Trucking argued reversed.” I agreed with him at that point.

Well, that’s a different argument than claiming what he did was a _tu quoque_. Your opinion of where he should have stopped is, perhaps, of some interest, but it’s not definitive. I suggest that, before staking out new territory, you clarify if you are giving up on the old territory.

> [@](#):
>
> Everything else is just to draw attention away from the issue.

I think it elucidates the issue.

> [@](#):
>
> If I wanted to poison the well, I’d tell you what I really think of him. But as usual, thread derailed because he has to bring up extraneous points and idiots like me have to rise to the bait.

In case I was unclear, the Poisoning of the Well was not a reference to something you could possibly have done in some hypothetical situation, but what actually happened in the OP of this thread.

---

<div class="post-metadata">

**Author:** ![CapnPitt](https://avatars.discourse-cdn.com/v4/letter/c/edb3f5/32.png) [@CapnPitt](https://boards.straightdope.com/u/CapnPitt)\
**Post date:** [May 6, 2014, 3:32am UTC](https://boards.straightdope.com/t/any-of-the-usual-scalia-defenders-want-to-explain-this-one/687530/26 "2014-05-06T03:32:21Z")

</div>

You weren’t unclear. A thousand and one pardons please. I don’t think I was wrong though. Perhaps you thought it made the issue clearer. I disagree.

[Previous page](https://boards.straightdope.com/t/any-of-the-usual-scalia-defenders-want-to-explain-this-one/687530.md?page=1)
