Thursday, June 17, 2010

Beat LA (and Rumpole)

Running around like crazy the last few days, and then I see this straw man put up and knocked down by Rumpole on his blog. I will respond when I have a minute.

In the meantime, let me say that I obviously do not agree with Scalia's dissent in Holland, and I have not taken the position that Scalia is friendly to criminal defendants -- what I have said is that Scalia is the best friend that criminal defendants have on the Supreme Court (here's one of the first posts that got the debate started). That's not such high praise when the voting patterns of this Court are examined.

Anyway, more on this later when I have time to respond, and congrats to Todd Scher for the big victory.

Here are the 5 opinions that were decided today.


Rumpole said...

Straw Man???? Admit or deny you have repeatedly said Scalia is the best friend a criminal defense attorney has on the court. I believe I have the email.

David Oscar Markus said...

Admit. On *this* Court, he is the best friend a criminal defendant has. I stand by that. He's obviously no Brennan or Marshall, but take a look at this Court. Even Breyer, Ginsberg and Sotomayor frequently rule for the government (see, e.g., Sentencing Guideline cases, recent BOP case, Confrontation cases, etc). Alito and Roberts are the worst for criminal defendants. We are losing Stevens. So yes, Scalia -- far from perfect -- is the best friend a criminal defendant has on the Supreme Court.