NINOMANIA
:: 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 ::
:: Thursday, June 17, 2010 ::
Interesting that when Scalia, in one of the plurality sections of the Save the Beach opinion, protests that the Kennedy concurrence "propels us back to what is referred to (usually deprecatingly) as “'the Lochner era'[,]” he leavens his assertion "that the the 'liberties' protected by Substantive Due Process do not include economic liberties" with the parenthetical qualifier "(logically or not)."
So: he doesn't like Substantive Due Process; but, he applies it on the strength of precedent where appropriate; and, the exclusion of economic liberties from s.d.p., though hallowed by precedent, is not logical. Hm.
Also, "depractatingly" is no longer the invariable adverb of Lochner references, but merely the one applied "usually." Hmmm.
:: David M. Wagner 9:13 PM [+] ::
...
So: he doesn't like Substantive Due Process; but, he applies it on the strength of precedent where appropriate; and, the exclusion of economic liberties from s.d.p., though hallowed by precedent, is not logical. Hm.
Also, "depractatingly" is no longer the invariable adverb of Lochner references, but merely the one applied "usually." Hmmm.
:: David M. Wagner 9:13 PM [+] ::
...
