Monday, October 24, 2005

At Least He is Inconsistent

For those of you that think that Scalia votes his ideology rather than follow the law, consider this:

The only Justice to use the rule of lenity often and distinctively is Justice Scalia, who applied it in ten of the last eleven cases where it was made an issue.  This helps explain why Scalia’s votes in statutory cases tend to favor the government less often than his votes in constitutional cases, for there is no rule of lenity in constitutional law.

I am of the opinion that the only way to establish rule of law is to follow the original intent of the law (and Constitution), detractors of this approach accuse originalists of using the approach as justification for following our ideological druthers; I think this gives sufficient evidence to counter that accusation.  You can read about the report and it’s findings here.  The paper researches the differences between statuatory rulings vs. Constititutional rulings.  The premise being that only justices that are driven by ideology would rule consistently between the two.

HatTip: Crime and Federalism

No comments:

Post a Comment