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SCOTUS: Justices on both sides invoke Scalia in sentencing case

WASHINGTON — The late Justice Antonin Scalia’s writing turned up in dueling Supreme Court opinions Tuesday, a fitting tribute to the justice who co-authored an entire book on interpreting the law.

Justices Sonia Sotomayor and Elena Kagan both invoked the book Scalia wrote with Bryan Garner in 2012 in a case over a lengthy prison term for a man convicted of possessing child pornography. Full Article

Join the discussion

  1. Eric Knight

    This is very sad to be honest. This would have truly been a case that would have highlighted Scalia’s true originalist interpretation of the Constitution, which would of course have rendered a decision in favor of our litigant. Many people only see the “conservative” with Scalia’s name, but he was consistent with the law and the Constitution for his entire career, whether is was conservative or liberal principals at stake. He would have most probably asked the pointed questions that would have riddled the State’s arguments with so many holes it would look like a cheese grater.

    Hopefully we’ll get a 6-2, and at worst a 5-3 if Thomas decides to go with Alito’s reasoning, though that’s not a given. Roberts will probably go with the prevailing decision so he can issue the main opinion, keeping in mind he will have to wordsmith it in a way to defend his Smith v. Doe legacy.

  2. Timmr

    This article states it was an “anti-child pornography law.” I seems therefore likely its goal was to punish more severely repeat child abusers. Without any other indicators than sentence structure, it doesn’t make sense to interpret the wording to include past adult victim crimes. It would be irresponsible to interpret syntax without factoring in the intent of the law, or to punish someone due to a vagueness of meaning. If this is how the Supreme Court reasons, I’m scared.

  3. Daniel Lantzy

    Just letting you know that my parole officer, agent Alhambra of the Chula Vista CDCR, told me I could not attend the Saturday meeting because other sex offenders might be present.

    If your meeting was at the San Diego Law Library on Front Street, I could attend.

    My parole ends June 17, 2016. Look forward to meeting you then.

    Regards, Daniel Lantzy

    • ms

      Good luck getting any probation or parole officer to give the thumbs up on attending any CARSOL meetings. Expect to have to wait until you’re no longer on supervised release. When I expressed interest in going and mentioned in group therapy…the idea was quickly pooh pooh’d. Risky (fear of being violated) for anyone on probation or parole hanging out with anyone else on supervised release. Add the fact that there will be a bunch of 290’s there…even worse. I would like to have gone on several different occasions but I didn’t want to end up in jail for it. Now that I’m off probation (early termination) I’m going to try and make it to the next one in Berkeley.

  4. Someone who cares

    So, if you are attending your weekly therapy meetings, you are NOT around other SOs on probation? Hhmmmh. Very hypocritical if you ask me.

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