Has the Supreme Court become too Catholic?
posted by jefficator on Dec 10, 2009 - 70 comments

"Is any jury going to convict Jack Bauer? I don't think so. So the question is really whether we believe in these absolutes. And ought we believe in these absolutes. ... I don't care about holding people. I really don't." Justice Scalia on 24 and torture. 24 and torture previously.
posted by ibmcginty on Jun 19, 2007 - 94 comments

The Fourth Amendment provides, in part, that "...no Warrants shall issue, but upon probable cause." The Supreme Court has issued its (yet another) 8-0 opinion, authored by Justice Scalia in the case of United States v. Grubbs, overturning the Ninth Circuit decision. Justice Souter filed a concurring opinion. Grubbs deals with the question of anticipatory warrants, and it is the first time that the Court has addressed the practice. It appears that under this ruling, preemptive warrants can issue without existing probable cause, but merely on the supposition that probable cause will exist in the future.

Some legal scholars had anticipated that at least the more conservative members of the Court would rule against anticipatory warrants. After all, under Blackstone's analysis of the common law rule that contributed to the Fourth Amendment, as noted by Professor Orin Kerr in the NYU Journal of Law and Liberty symposium on the subject, warrants "issue" when they are signed by the judge, and not when the precedent condition occurs. Professor Chris Slobogin disagrees. Kerr has posted a preliminary analysis of the decision on his new blawg. The case has previously been discussed by the smart people over at the Volokh Conspiracy.
posted by Pontius Pilate on Mar 22, 2006 - 45 comments

Justice Scalia faces probing question at NYU due to previous dissenting opinion in Texas sodomy case. Questioner responds to the controversy. via
posted by peacay on Apr 15, 2005 - 54 comments

Scalia gives divinity school students a peek at what his activism is really about. I can't say it any better than he does so I'll quote: "The reaction of people of faith to this tendency of democracy to obscure the divine authority behind government should not be resignation to it, but the resolution to combat it as effectively as possible." Of course we knew Scalia detested democracy on 12/12/2000 with his decision that infamous day but now he admits favoritism to theocracy.
posted by nofundy on Jul 10, 2002 - 42 comments

Is the Consitution a "living" document? Following "Scary" Scalia's arguments, the Dread Scott decision was a wise and appropriate one, right?
posted by darren on Mar 14, 2001 - 20 comments

Damn Supreme Court. Just when you thought this was a free country, now they're telling strippers to keep their G-strings on.
posted by veruca on Mar 29, 2000 - 10 comments