Friday, February 3, 2006
Teasing Michael
Sorry, Michael: I don't know why Justice Alito voted as he did, and don't know the correct interpretation of his vote! (My guess: He didn't think he'd had enough time with the case to justify overturning the lower-court's stay.) But, I'm pretty confident I know some wrongs ones (e.g., that the vote reflects some meaningful space between Alito and the other "conservative" Justices on the role of the Supreme Court in reviewing death-penalty cases). Error is easier to find than truth, maybe? =-)
UPDATE: Here are some thoughts from my friends at Prawfsblawg.
https://mirrorofjustice.blogs.com/mirrorofjustice/2006/02/teasing_michael.html