Update: Jack Balkin has video of the event which appears to show the newspaper misquoted Scalia.
Update II: A longtime Political Wire reader emails: "I can corroborate this because I was at the talk yesterday and the Justice never claimed that he would have voted against Brown. He did at one point claim that his originalist approach would have led him to dissent with Harlan in Plessy v. Ferguson."
Also, I don't believe that Scalia was zoning out during the oral argument that we saw. Scalia was one of the few justices asking questions. Maybe you are thinking Alito?
4 comments:
What? He probably would have zoned out through that trial like he did at the one we viewed.
Scalia was misquoted:
Update: Jack Balkin has video of the event which appears to show the newspaper misquoted Scalia.
Update II: A longtime Political Wire reader emails: "I can corroborate this because I was at the talk yesterday and the Justice never claimed that he would have voted against Brown. He did at one point claim that his originalist approach would have led him to dissent with Harlan in Plessy v. Ferguson."
Phew!
Also, I don't believe that Scalia was zoning out during the oral argument that we saw. Scalia was one of the few justices asking questions. Maybe you are thinking Alito?
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