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:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::

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    :: Tuesday, September 27, 2005 ::
    Once again it looks as though the President is going to make a Supreme Court nomination while I'm out of town and in a condition of diminished internet access.

    I will be, as matter of fact, with Justice Scalia. He is teaching a CLE on separation of powers, with Prof. John Baker, through the Federalist Society. "With" must be understood in context: I will be one of about 300 participants drinking in Our Hero's words and elbowing folks to get closer to him at the hors-d'oeuvre table. Been there, done that, doin' it again.

    If I get a chance to ask him a question, it will be about the nondelegation doctrine, and whether his opinion for the Court in Whitman v. American Trucking means that it is in effect (if not in theory) non-justiciable.

    I wonder if a lot of people will be pumping him for his views on Roberts and/or the next nominee. In a way I hope so, because he can't and won't answer such questions, and will therefore find my pedantic little concerns about nondelegation somewhat of a relief.

    So anyway, sit tight, visit Confirm Them and other distinguished sites, and I'll blog at you when I blog at you.

    :: David M. Wagner 3:56 PM [+] ::

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