In today’s decision, U.S. v. Gonzalez-Lopez, Justices Scalia and Alito broke into separate camps on the issue of counsel choice. Scalia, writing (surely with contrarian joy) for the liberal majority, held that a court’s improper denial of an individual’s counsel of choice was a constitutional error requiring automatic reversal. Alito, dissenting – and not respectfully either! – argued that there was something wrong with the idea that a person could end up with a better lawyer than he’d have preferred, but still score a new trial.
I’ll post at a bit more length in a little while. But I thought it interesting to see these supposed doppelgangers divide so neatly. (And even more so to see a little attitude show through in the opposing opinions.)
Mind you, I’m not holding my breath.