Thursday, June 12, 2008

Is It Bait-and-Switch?

I am no great fan of "delicate" language in judicial opinions. But, question, didn't Justice Scalia go overboard in accusing five of his colleagues of engaging in a "game of bait-and-switch"? See Boumediene et al. v. Bush, 553 U. S. ____ (2008) (Scalia, J., dissenting, Thomas & Alito, JJ., concurring in the dissent).

Does Justice Scalia genuinely believe that five of his colleagues deliberately decided to deceive Congress, to set a trap for Congress?

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