Thursday, June 26, 2008

There seem to be some doofuses on SCOTUS

Good grief. You can agree or disagree with the majority, but can't the dissent at least be correct as a matter of law, precedent, and history?

So, the 4 (four! don't they read their own opinion?) justices blow the issue of who created the National Guard and when. Maybe they were busy, or didn't read the US Code (The Act of January 21, 1903, 32 Stat. 775). What do I know, maybe this is standard procedure. But they base most of their dissent on US v. Miller, and didn't know that Miller never was convicted?

Money quote: "Of course, Miller was never convicted and US v. Miller certainly didn't uphold any convictions. That's just factually invalid. How did Stevens, Souter, Ginsburg, and Breyer all miss that when US v Miller is the core precedent that the dissent was based on?"

It's a good thing to read. Wonder when they'll start.

UPDATE (9:25PM): Ha! Justice Breyer's self-refuting dissent in Heller - I don't care who you are, now that's funny! Is there anything that the Supremes can't do?

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