Wednesday, July 14, 2004

At least he is true to himself

Did Scalia finally succumb in Blakely? Here are his observations as to restrictions on the judiciary:
But the Court does not wish to be fettered by any such limitations on its preferences. The Court's statement that it is "tempting" to acknowledge the authoritativeness of tradition in order to "cur[b] the discretion of federal judges,". . . is of course rhetoric rather than reality; no government official is "tempted" to place restraints on his own freedom of action, which is why Lord Acton did not say "Power tends to purify." The Court's temptation is in the quite opposite and more natural direction--towards systematically eliminating checks upon its own power; and it succumbs.
Planned Parenthood v. Casey, 505 U.S. 833, 981 (1992) (Scalia, J., dissenting).