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Friday, June 07, 2013

Antonin Scalia, Bleeding-Heart Liberal - Reason.com

Antonin Scalia, Bleeding-Heart Liberal - Reason.com:

""If the Court’s identification theory is not wrong," Scalia writes, "there is no such thing as error." And since "the Fourth Amendment forbids searching a person for evidence of a crime when there is no basis for believing the person is guilty of the crime or is in possession of incrimi­nating evidence," he concludes, Maryland's law is unconstitutional."

and In Hamdi v. Rumsfeld, the 2004 case involving an American citizen detained in the United States as an "enemy combatant," Scalia took the most radical position against the Bush administration, saying the government had to try Hamdi in civilian court or let him go. That is hardly the position of an authoritarian.

"Sentencing is another area where Scalia has shown concern for the rights of criminal defendants. He and Thomas led the charge against mandatory federal sentencing guidelines, insisting that the Sixth Amendment right to trial by jury means judges may not determine facts that automatically trigger harsher punishment."

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