“Opposites” in all matters jurisprudential excepting, of course, “wobbly yet curiously square jowls.”
A not-at-all terrifying look at the Roberts Court in Saturday’s Times, pointing out the ways in which the Chief Justice and his Superfriends aim to chip away at the “exclusionary rule,” about improperly obtained evidence being barred from use at a criminal trial.
Hilariously, in a recent decision in which a Scalia majority opinion ruled that “suppressing evidence of guilt is unjustified,” eternal swing vote Anthony Kennedy joined the majority opinion while simultaneously writing that "the continued operation of the exclusionary rule, as settled and defined by our precedents, is not in doubt."
All due respect to Doug Feith, but Anthony Kennedy is the fucking stupidest guy on the planet, between this, his idiotic and presumptuous hand-wringing on abortion, and general lack of commitment to a consistent constitutional interpretation to go along with his various oversensitive political predilections. Then again, as we learn in this week-in-review piece from Sunday’s paper, he “‘"may in fact be closest to the median national voter,'” which sort of explains that.
The week-in-review piece notes, as we might have inferred from Saturday’s piece, that the court has moved consistently to the right for the last several decades — and will likely stay that way given that Roberts, Alito, Scalia and Thomas aren’t really going anywhere. Obama is really going to have to pick someone to the left of oldest and most liberal justice John Paul Stevens, isn’t he? Move the center back where it belongs, a little.