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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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    :: Sunday, June 29, 2014 ::
    Oh and while we're waiting, I should remark - I should have remarked it back on April 22, when it was handed down - that on that date, the Court, per Justice Thomas, handed down Prado Navarette v. California, a very dangerous crim pro decision expanding the already-immense power of police to pull over motorists based on thin suspicion (and then carry out plain-sight searches, of course, or full-car searches of motorists who don't know they have a right to refuse).

    The dissent was written by Justice Scalia, joined by what the media call "the liberals." This happens in 6th Amendment Confrontation Clause cases too, except that Justice Scalia's crystalline reasoning has in some cases begun to persuade a majority on that one. But not always. Anyway these crim pro cases really show the intellectual poverty of ideological labels on the Court. There's originalism, and there's non-originalism, and in many cases, originalism gives criminal defendants rights that fair-weather originalists want to overlook.

    (And oh gosh, look at this. Smatterof fact, this was the subject of my most recent Federalist Society lecture.)

    And it's not that I always side with Scalia when he and Thomas split, because I don't....

    :: David M. Wagner 10:30 PM [+] ::

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