Word: scalia
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...that in and of itself seems to violate the AEDPA, which specifically bars the district judges from having anything more to do with this case. This wrinkle sent Justice Antonin Scalia to his writing desk. In a dissent joined by Justice Clarence Thomas, Scalia noted the odd fact that the Supreme Court was ordering the lower-court judge to hold a hearing that, according to Congress, the judge is not allowed to convene. "Without explanation and without any meaningful guidance," Scalia wrote, the court was sending the district judge "on a fool's errand." The evidence, he asserted, "has been...
...official determination that the Constitution forbids the execution of an innocent prisoner, a seemingly obvious assumption that has never been formally declared? If so, what new filters of trial procedure and judicial review will have to be installed to reach that level of certainty and perfection? In his dissent, Scalia wrote, "This court has never held that the Constitution forbids the execution of a convicted defendant who had a full and fair trial but is later able to convince a habeas court that he is 'actually' innocent...
...rest of France, affirmative action policies have never been implemented and remain deeply unpopular. The positions and arguments of left-wing politicians in France on the subject of affirmative action could be lifted verbatim from arguments of conservative purists in America, such as Supreme Court Justices Anthony Scalia or Clarence Thomas...
Sotomayor is right that much of her record demonstrates her opposition to judicial policymaking. In some of her opinions as an appellate judge, she sounds like Justice Antonin Scalia in her insistence that judges should avoid policy considerations at all costs. "The duty of a judge is to follow the law, not to question its plain terms," Sotomayor wrote in a 2006 dissent. "I trust that Congress would prefer to make any needed changes itself, rather than have courts...
...mulling over the court's recent upholding of a ban on partial-birth abortion - in her view bypassing the Roe v. Wade precedent. "I'd also like to ask you your thoughts on how a precedent should be overruled," Feinstein said. "In a rare rebuke of his colleagues, Justice Scalia has sharply criticized Chief Justice Roberts and Justice Alito for effectively overruling the court's precedents without acknowledging that they were doing so." Pausing between each carefully chosen word, Sotomayor responded that, while there are times when precedent should be reexamined, those should be done "very, very cautiously." (Watch TIME...