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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