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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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    :: Thursday, June 28, 2007 ::
    And what is it we're waiting for?

    *An antitrust opinion, testing a creaky old precedent called Dr. Miles which held that it is always a violation of the Sherman Act for manufacturers to set a minimum price for retailers to charge;

    * whether the 8th Am. allows for the execution of the mentally "incompetent" under the standard used by the 5th Circuit (obviously it will turn out not to, and obviously Justice Kennedy has written the opinion; the only question is whether Justice Scalia will bother explaining UHgain why the Court is not supposed to be an ongoing constitutional convention and why a selective survey of what's done in the cooler international destinations should not determine the meaning of the U.S. Constitution);

    *a decision on raced-based student allocation in public K-12s. Lyle Denniston summed up the stakes in this one as follows:
    The core question is whether a public school system that is not trying to dismantle officially segregated schools may nevertheless assign some students to schools based upon their race, in order voluntarily to try to break down “racial isolation” – that is, students going to school mainly with classmates of the same race. The Court has never ruled on the use of race in K-12 schools except as a means to end official segregation.

    :: David M. Wagner 10:05 AM [+] ::

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