Comments on: [Update: Poll Added] Justice Scalia’s All-Time Favorite Dissent: A Wolf in a Wolf’s Clothing http://resipsablog.com/2008/07/28/scalias-favorite-dissent/ Thu, 10 Jun 2010 03:35:26 -0600 http://wordpress.org/?v=2.8.4 hourly 1 By: 020033 http://resipsablog.com/2008/07/28/scalias-favorite-dissent/comment-page-1/#comment-150 020033 Tue, 29 Jul 2008 13:36:06 +0000 http://resipsablog.com/?p=396#comment-150 My favorite is Justice Scalia's dissent in In Zuni Public School District No. 89 v. Department of Education, No. 05–1508 (April 17, 2007), where he repeatedly benchslaps his favorite target, Justice Stevens: For some, policy-driven interpretation is apparently just fine … [b]ut for everyone else, let us return to Statutory Interpretation 101 .... This case is not a scary math problem; it is a straightforward matter of statutory interpretation .... The sheer applesauce of [JUSTICE STEVENS'S] statutory interpretation should be obvious .... Contrary to the Court and JUSTICE STEVENS, I do not believe that what we are sure the Legislature meant to say can trump what it did say. Slip op. at 3, 5-6, 13. http://sophisticmiltonianserbonianblog.wordpress.com/2007/04/18/j-scalia-unplugged/ My favorite is Justice Scalia’s dissent in In Zuni Public School District No. 89 v. Department of Education, No. 05–1508 (April 17, 2007), where he repeatedly benchslaps his favorite target, Justice Stevens:

For some, policy-driven interpretation is apparently just fine … [b]ut for everyone else, let us return to Statutory Interpretation 101 …. This case is not a scary math problem; it is a straightforward matter of statutory interpretation …. The sheer applesauce of [JUSTICE STEVENS'S] statutory interpretation should be obvious …. Contrary to the Court and JUSTICE STEVENS, I do not believe that what we are sure the Legislature meant to say can trump what it did say.

Slip op. at 3, 5-6, 13.

http://sophisticmiltonianserbonianblog.wordpress.com/2007/04/18/j-scalia-unplugged/

]]>