Sunday, August 28, 2016

Justice Antonin Scalia Had Conflicted Views About American Policing

Donald Trump has repeatedly declared himself the “law and order candidate.” He’s also promised to place conservative justices on the Supreme Court, in the mold of Antonin Scalia. But would Scalia himself have supported Trump’s views on policing?

Antonin Scalia, the hero of conservatives, was known more for the force of his pen than the law that he made. He often chose to write alone, to make a point, or say things in his own indomitable way. As a consequence, Scalia was rarely a powerbroker among the justices, which requires compromise and suppressing one’s own views in order to put together the five votes needed to form a majority. That was not Scalia.

Except, ironically, when it came to the parts of the Constitution that governed policing. Here, Scalia often was the critical swing vote. And not infrequently he was the one writing the majority opinion....
http://www.theatlantic.com/politics/archive/2016/08/scalia-and-american-policing/496604/?utm_source=feed


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