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Further evidence of Scalia's evil

2011-05-23 20:06:20.088913+00 by Dan Lyke 4 comments

Supreme Court: Schwarzenegger/Brown-v-Plata rules that California's prisons are overcrowded, cruel and unusual punishment, and California needs to release 30k inmates. Of particular note, Scalia's dissent:

There comes before us, now and then, a case whose proper outcome is so clearly indicated by tradition and common sense, that its decision ought to shape the law, rather than vice versa. One would think that, before allowing the decree of a federal district court to release 46,000 convicted felons, this Court would bend every effort to read the law in such a way as to avoid that outrageous result.

Good to know that the strict constitutionalist is willing to "bend every effort to read the law in such a way" as to pervert both the rule of law and the Constitution in favor of "tradition and common sense".

(via MeFi)

[ related topics: Law Civil Liberties California Culture ]

comments in ascending chronological order (reverse):

#Comment Re: made: 2011-05-23 20:27:27.816239+00 by: Larry Burton

The pissing match this is about to set off worries me, especially after the death of Sgt. Chapin in Chattanooga. Rather than find the least likely to cause trouble in the community I'm afraid the bureaucrats will find some simple formula for selecting the prisoners to release that will not take public safety into account. Still I have to agree fully with Kennedy in this decision. This has rocked on too long.

#Comment Re: made: 2011-05-24 03:40:05.348714+00 by: crasch

Yeah, Scalia proved himself a big fat hypocrite in the Raich decision. Originalist, my ass.

#Comment Re: made: 2011-05-24 10:11:53.382399+00 by: petronius

Maybe Scalia is just observing that the Constitution isn't a suicide pact.

#Comment Re: made: 2011-05-24 11:19:18.479474+00 by: andylyke

@petronius: That would be great, if he would also renounce his past actions and declarations to th contrary.