Posted by Orin Kerr: Scalia's Vote In Raich: http://volokh.com/archives/archive_2005_06_05-2005_06_11.shtml#1118350645
I've read lots of speculation in the blogosphere that Justice Scalia voted in the government's favor in the Gonzales v. Raich case because he's a social conservative who wants the government to crack down on drugs. If that's true, though, why did he vote in favor of the marijuana grower in [1]Kyllo v. United States? And why did he vote in favor of the crack dealer in [2]Booker v. United States? Is the idea that Scalia is principled when he votes in favor of defendants, but is just a social conservative when he votes in favor of the government? References 1. http://straylight.law.cornell.edu/supct/html/99-8508.ZO.html 2. http://straylight.law.cornell.edu/supct/html/04-104.ZO.html _______________________________________________ Volokh mailing list Volokh@lists.powerblogs.com http://highsorcery.com/cgi-bin/mailman/listinfo/volokh
