Wednesday, September 29, 2010

Scalia's Inconsistencies

David Gans wrties Justice Scalia's Originalist Sins. "Supreme Court Justice Antonin Scalia is famous for being a stickler about the words of the Constitution, often castigating his colleagues for failing, in his opinion, to honor what the Constitution’s text actually provides. But Justice Scalia tends to apply this approach selectively, or not at all when it comes to the Fourteenth Amendment."

It's a good article. I haven't read the specifics of the case, but from the Scalia decisions I have read, this does seem true to me.

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