I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC

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Strange citation of the day: Justice Scalia’s odd invocation of the Confederacy

He writes in the DOMA case:

The majority concludes that the only motive for this Act was the ““bare . . . desire to harm a politically unpopular group.”” Ante, at 20. Bear in mind that the object of this condemnation is not the legislature of some once-Confederate Southern state (familiar objects of the Court’’s scorn, see, e.g., Edwards v. Aguillard, 482 U.S. 578 (1987)), but our respected coordinate branches, the Con- gress and Presidency of the United States.

Quick! What was Edwards about?  How did it show “scorn” to a “once-Confederate Southern state?  Which state?  How did Scalia vote?

Answers await below the fold.

Oh, and I’m almost a winner on the scavenger hunt he proposes in Windsor (yes, he really does propose a scavenger hunt).

Continue reading Strange citation of the day: Justice Scalia’s odd invocation of the Confederacy

Richard Posner writes on “The Incoherence of Antonin Scalia”

In the New Republic, Richard Posner reviews the book on interpretation recently published by Scalia and Bryan Gardner.  It is a slashing takedown of Scalia’s version of originailsm.  Near the conclusion:

They endorse fifty-seven “canons of construction,” or interpretive principles, and in their variety and frequent ambiguity these “canons” provide them with all the […]

The whole Chris Wallace interview with Justice Scalia is worth watching

Chris Wallace did an interview with Justice Scalia on Fox News that’s pretty interesting. Last night, I posted a clip Think Progress pulled in which Scalia suggested a distinction between cannons and rocket propelled grenades for Second Amendment purposes.

There has been a suggestion in comments the clip was unfair. It was continuous (not […]

Justice Breyer on knowingly eating a cheese sandwich

Today, the U.S. Supreme Court decided that a statute that enhances punishment for someone who, in the course of committing a crime, knowingly uses someone else’s identity, requires proof that the defendant knew the identity being used related to another actual person– e.g. knows that there was a person possessing the social security number […]

Thursday Morning Various

The Clarion Ledger is reporting that Fred McDowell’s blues trail marker will be dedicated in Como on May 7th, and that Bonnie Raitt, who is also playing at Memphis in May, plans to attend the event, which will include music from Nathanial Warren, R.L. Boyce & the Como Breakdown and singer Mary Ann […]

Judge DeLaughter’s Motion Barrage, Part Three: What’s in the mail fraud motion

I previously wrote a long post about what I saw as the mail fraud issues present in the DeLaughter indictment.  One side (the defense side, obviously) of a lot of the issues I thought present are raised in the motions Judge DeLaughter’s lawyers filed yesterday.  You might want to read that post to get […]

Judge DeLaughter’s honest services and the theatricality of his Chicago lawyer

One of the charges against Judge DeLaughter is that his actions denied the state (or its citizens)  the benefit of his “honest services” and that this was mail fraud. I have written in some detail about the legal and factual issues that could arise from this. Shortly there after, the United Supreme Court declined […]