Thursday, March 10, 2011
Justice Scalia and the Future of Crawford
Linda Greenhouse has some thoughts here about this matter. But perhaps Greenhouse is a bit too hard on Scalia. After all, even if if Crawford's and Scalia's formalistic and originalist solution to the riddle of the meaning of the Confrontation Clause makes no sense (which I happen to believe is true), there is something quite admirable about this supposedly conservative Justice's dedication to principle (as he sees it), principle that, in the new case that Greenhouse discusses, happens to favor a criminal defendant.