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View Full Version : Antonin Scalia's Blunder Is Unprecedented, Legal Experts Say



Cigar
05-02-2014, 12:49 PM
Justice Antonin Scalia's factual error in a dissenting opinion Tuesday has become the talk of the legal community as experts puzzle over the extraordinary nature of the Reagan-appointed justice's blunder, which the Supreme Court quietly corrected as of Wednesday morning.

It's common for the Supreme Court to make typographical corrections and insubstantial edits to a decision after its release. But it's exceedingly rare to see a factual error that helps form the basis for an opinion. Legal experts say Scalia's mistake appears to be wholly unprecedented in that it involves a justice flatly misstating core facts from one of his own prior opinions.

"This is a topic I know fair amount about, and I do not know of any other instance when a Justice has mischaracterized one of his own prior opinions, let alone in such a loud fashion and when he is otherwise criticizing others for their blunders," said Richard J. Lazarus, a Harvard law professor. "I strongly doubt it has ever happened before."

"I have seen sloppy footnoting before but nothing this bad," said Garrett Epps, a constitutional law professor at the University of Baltimore.

http://talkingpointsmemo.com/dc/antonin-scalia-blunder-unprecedented-epa

MrJimmyDale
05-02-2014, 12:50 PM
I'd say some staffer is looking for work as of yesterday.....

patrickt
05-02-2014, 02:21 PM
I would say Justice Scalia's error is much less humiliating than Justice Sotomayor's impassioned defense of racial discrimination. Of course, I'm not surprised at anything a Berkeley University law professor would say except, America is a great country.

texan
05-02-2014, 02:44 PM
He made a mistake just like the mental midget Sotomayor just did showing her ass on the note that skin color should be used when deciding who gets into volleges or who gets a job. Moron.