Originally posted by vansmack:
Originally posted by pdx pollard:
http://www.slate.com/id/2193813/entry/2194311/
Hey! Excellent, but don't forget the best part of that quote:
But I must first pass along this rather brilliant observation from professor Stephen Wermiel from American University, who wonders why none of the dissenters cautioned the majority that today's decision "will almost certainly cause more Americans to be killed."
(Boumediene, Scalia, J. dissenting.)
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wermiel was my con-law professor, really brilliant and witty guy
i worked on gun control issues throughout college and i dreaded this decision ever since the DC circuit took this case and it was assigned to a panel with Silberman ... if gore or kerry had been elected this never would have happened
that said, the majority opinion is incredibly well-written ... it's undoubtedly scalia's chef-d'oeuvre and the opinion he's waited his whole career to write: a compelling originalist take on a little-examined (at least in federal courts) constitutional amendment .... he (a little too) conveniently sweeps aside past precedent like
Miller, and has the opportunity to press reset, wipe the slate clean, and start building an entire jurisprudential structure in a way he could never do with more frequently litigated constitutional issues ... this is the first of many cases that will build on his foundation