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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 :: | |
:: Sunday, June 29, 2014 ::
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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