4 ms·
Contrary to (common?) belief, I'm not convinced that someone like Scalia would have let the ban stay.
by NhanH 10y ago
Contrary to (common?) belief, I'm not convinced that someone like Scalia would have let the ban stay.
- ci5er 10y agoHow could he have let the ban stay -- in its current form? Many people didn't like his decisions for various of their own preferences for particular outcomes, but he generally didn't "make new law" with his decisions.
- chc 10y agoYeah, Scalia was certainly conservative and had some literal-genie interpretations of the Constitution, but he wasn't exactly a lapdog. It seemed like he had a fairly libertarian interpretation of the first amendment and probably wouldn't have approved of thinly veiled religious discrimination.
- rayiner 10y agoAlthough not relevant here, Scalia and Stevens dissented in Hamdi v. Rumsfeld. The majority issued a weak sauce opinion that admitted the possibility of detaining a U.S. citizen with some due process short of a trial under some circumstances. Scalia and Stevens pointed out that the government must try a US citizen in regular court unless it suspends habeus corpus.