Today’s Supreme Court Opinions

Justice Scalia wins points in my book for starting his dissent in Martinez v. Ryan with “Let me get this straight”

It is also interesting that Justice Sotomayor and Justice Kagan appear to have endorsed the “congruence and proportionality” standard set forth in Boerne by not joining footnote 1 of Justice Ginsburg’s dissent in Coleman v. Ct. of Appeals of Marlyand.

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3 Responses

  1. Michael Teter says:

    Another possibility to explain Justices Sotomayor’s and Kagan’s decision not to join footnote 1 is that they don’t share Justice Ginsburg’s view that the Congress can abrogate state sovereign immunity under the Commerce Clause power.

  2. JoeJP says:

    They might just want to remain agnostic. Interesting too they joined w/o comment a later aspect of the dissent that strongly challenged a pregnancy discrimination precedent. And, want to bet that Ginsburg is on the “equality treatment” feminists side of the debate?

    I can see Scalia doing My Cousin Vinny (20th Anniversary) but do get tired of these sarcastic comments in opinions. He is far from alone there. Seems non-judicial.

  3. AF says:

    I interpret Sotomayor and Kagan as not feeling the need to go on the record one way or another. Ginsburg and Breyer are already on the record, so they don’t face the same considerations.