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Everything I Don’t Like Is Dred Scott

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According to Scalia the latest new “Dred Scott” is Kelo, a perfectly straightforward application of precedent perfectly consistent with the text of the Constitution. It seems worth noting at this point that 1)Roe v. Wade is very popular, 2)it will enter its fourth decade next year having been supported by the vast majority of Supreme Court justices to have hear the issue, and 3)Scalia’s view that the Constitution does not have an implicit protection of privacy rights is so popular that justices who share his view can only get confirmed to the Supreme Court if they dissemble about their views during confirmation hearings.

The punchline, of course, is the guy who not only joined Bush v. Gore but wrote the stay opinion in is willing to call other Supreme Court decisions “stretches beyond the Constitution” in public. For that matter, it’s amazing the guy who wrote the stay opinion in Bush v. Gore is even willing to show his face in public.

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