There He Goes Again ...

Once again, Justice Scalia is using his supposed "originalism" method of interpretation to achieve his preferred political ends. Today's example is Florida v. Jardines. The question in the case was whether a police dog sniffing at your door for evidence of narcotics constitutes a "search" under the Fourth Amendment. Writing for a five-justice majority, Justice Scalia held that it is indeed a search, and thus subject to the restrictions of the Fourth Amendment. The result in this specific case is that all evidence obtained pursuant to a subsequent search warrant will be suppressed, a conviction will be impossible, and a dope fiend will be loosed upon the streets. Just how Justice Scalia likes it.

I kid, of course. In fact, this is another in a long line of cases under the Fourth Amendment where Justice Scalia has arrived at conventionally "liberal" results. Perhaps Scalia is using these Fourth Amendment cases as cover for other cases, as part of long con that allows him to credibly use originalism as a crutch to support nakedly partisan results in First Amendment (corporate speech, establishment clause, etc), Second Amendment, federalism and other cases.

But I'd urge the cynics inclined to believe such claptrap to search within, instead, and consider how to counter the Justice Scalia who actually exists rather than the monster you've created in your heads.

Line by proxy

When I first read that people were already in line to hear the Supreme Court oral argument about same sex marriage, I thought that some hardcore law fans were camped outside the Supreme Court.  However, as the New York Times makes clear, at least some of the people in line are not interested in the case.  Intead, those folks are proxies hired by companies that pay people to stand in line.  Mr. Torvik and I have missed out on yet another business opportunity.

Children of civil war veterans live amongst us.

The AP did a story about how the costs of war can linger on.   You can read it here.  As we celebrate the 150th anniversary of the Civil War, I was surprised to see that the government pays $876 per year in survivor benefits to two disabled children of Civil War Veterans. 

Rivalries and rankings

As March Madness descends upon the land, the folks at Extra Mustard have ranked the "coolest person" at all 68 schools playing in the NCAA mens' basketball tournament.  Mr. Torvik and I were left off the list.  The University of Minnesota's coolest person is Ron Pearlman.  Some might find the selection odd given that Bob Dylan attended there.  Or some might find the selection of Mr. Pearlman odd given that Iowa's State's coolest alum is George Washington Carver.  If scientists are cool, then it is hard to see how the coolest person to attend the University of Minnesota is someone other than Norman Borlaug. 

David Boies makes a prediction

Mr. Boies has not argued the case for legalizing gay marriage to the United States Supreme Court yet but he is already predicting how the Supreme Court will rule on the issue.  Mr. Boies tells USA Today that he will win the appeal and get the support of more than 5 justices.  Mr. Boies declined to say he would get the support of more than 6.  I guess we should give Mr. Boies credit for not basing his prediction on the questions at oral argument.

Does prison make it impossible for a criminal to be rehabilitated?

AmLaw Daily has the story of how Scott Saks, a partner in the corporate department of the Paul Hastings law firm, opposes the parole of Terry Losicco.  Mr. Saks lives in the house where Mr. Losicco brutally murdered a woman in 1980.  Mr. Losicco was 16 at the time.  Mr. Saks did not know of the murder when he bought the house from a subsequent owner but says he still would have bought the house if had known.  This post is not about the coincidence that Mr. Saks bought a house where a murder took place.  It is about Mr. Saks's reason for opposing parole.

No Pope Torvik for now.

The Roman Catholic Church has a new pope and it is not Mr. Torvik.  Instead, the Conclave of Cardinals went with Cardinal Jorge Mario Bergoglio of Argentina.  According to Slate, Cardinal Bergoglio (who adopted the name Francis I) is the first pope to: (1) to take the name Francis; (2) be a member of the Jesuits; (3) be from the New World; (4) to have only one lung.

Minnesota and Marriage

Although I am too lazy to check, I don't believe that Mr. Torvik or I posted our opinions on the topic of whether Minnesota should recognized same sex marriage.  To the extent, not doing something counts as a streak, the streak continues today. 

However, I did want to point out that one of Mr. Torvik's favorite professors has a quote and picture in MinnPost's story about testimony that the Minnesota Legislature heard regarding whether to legalize same-sex marriage.  It is a riveting story.  Especially the part about how one former legislator who voted in favor of Minnesota's gay marriage ban testified yesterday that she regrets her vote. 

(Allegedly) Hit them and then sue them

Back in January, we posted about an incident in West Virginia where a lawyer named Stephen Sean Murphy allegedly attacked another lawyer named Scott Radman.  As one might expect in fisticuffs involving lawyers, the lawsuits have started. 

The $217,000 misdemeanor

Back in 2007, America was briefly distracted by the toilet habits of a senator from Idaho.  I am writing, of course, about Senator Larry Craig.  As Fox News points out, Mr. Craig introduced us all to the phrase "wide stance."