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June 25, 2005
Hooray For Clarence Thomas
Randy Barnett at Volokh has found a beautiful summation in the dissent by Clarence Thomas of the problems with the Supreme Court in the Kelo decision:
"Something has gone seriously awry with this CourtÂ’s interpretation of the Constitution."
If Thomas were a liberal his praises would be sung to the highet heavens; since he has the misfortune to be a conservative he is pilloried.
*Update: In the comments there a reader provides this wondrous quote from "Judge Kozinski's Silveira dissent:" (I suppose that means something to lawyers - Ed.)
"The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed--where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees-- however improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once."
Posted by Mr. Bingley at June 25, 2005 11:36 AM
Comments
Substance aside, and obviously I'm not talking about Kelo, but I think the most interesting and thought-provoking opinions are the ones where Thomas and Scalia wind up on opposite sides. I can't cite things off the top of my head, but I don't automatically wind up siding with one or the other.
Posted by: Dave J at June 25, 2005 01:07 PM
Kozinski is really WAY more likely to go postal on the rest of the Ninth Circuit than Scalia ever is on his fellow Supremes.
Posted by: Dave J at June 25, 2005 11:19 PM