RE: A ruling that defies labels
Steve Brenneis opines:
George Will has it right in the main. The only one important to me is which justice acted as a strict constitutional constructionist? Only Thomas can claim that. Thomas also resists the holy doctrine of stare decisis, one of the dumbest things to which any group of supposedly educated people has ever given birth. Scalia's opportunistic devotion to that doctrine is the only thing that worries me about naming him chief justice. In a court that judges courts, the assumption of the correctness of precedent is a luxury too expensive to sustain.
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