Thursday, June 24, 2010
today's doe v reed opinion (pdf) is 8-1 (Thomas) but has a wide variety of concurring opinions. The one that I think gets it right is Alito's. Alito says, yes this facial challenge fails but it should be fairly easy for Doe to win the as-applied challenge on remand. The majority (Roberts) says pretty much the same thing, but less emphatically. Scalia is off the wall as sometimes happens, and gets McIntyre wrong again. Sotomayor is hostile to as applied challenges. Thomas would apply strict scrutiny.
McDonald, the gun case, on Monday.
McDonald, the gun case, on Monday.
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