Today’s Supreme Court Opinions
posted by Gerard Magliocca
Justice Scalia wins points in my book for starting his dissent in Martinez v. Ryan with “Let me get this straight”
It is also interesting that Justice Sotomayor and Justice Kagan appear to have endorsed the “congruence and proportionality” standard set forth in Boerne by not joining footnote 1 of Justice Ginsburg’s dissent in Coleman v. Ct. of Appeals of Marlyand.
March 20, 2012 at 11:45 am
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Responses (3)
Michael Teter - March 20, 2012 at 1:10 pm
Another possibility to explain Justices Sotomayor’s and Kagan’s decision not to join footnote 1 is that they don’t share Justice Ginsburg’s view that the Congress can abrogate state sovereign immunity under the Commerce Clause power.
JoeJP - March 20, 2012 at 1:28 pm
They might just want to remain agnostic. Interesting too they joined w/o comment a later aspect of the dissent that strongly challenged a pregnancy discrimination precedent. And, want to bet that Ginsburg is on the “equality treatment” feminists side of the debate?
I can see Scalia doing My Cousin Vinny (20th Anniversary) but do get tired of these sarcastic comments in opinions. He is far from alone there. Seems non-judicial.
AF - March 21, 2012 at 1:51 pm
I interpret Sotomayor and Kagan as not feeling the need to go on the record one way or another. Ginsburg and Breyer are already on the record, so they don’t face the same considerations.
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