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:: welcome to 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 :: | |
:: Monday, October 10, 2011 ::
Justice Stevens abhors a system in which “majorities or powerful interest groups always get their way,” post [Stevens dissent], at 56, but replaces it with a system in which unelected and lifetenured judges always get their way. That such usurpation is effected unabashedly, see post, at 53—with “the judge’s cards . . . laid on the table,” ibid.—makes it even worse. In a vibrant democracy, usurpation should have to be accomplished in the dark. It is Justice Stevens’ approach, not the Court’s, that puts democracy in peril.Justice Scalia, concurring in McDonald v. Chicago :: David M. Wagner 7:02 PM [+] :: ...
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