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February 16, 2016

Rounding up diverse perspectives on Justice Scalia's diverse criminal justice work and the impact of his loss

Though there is already far too much old and new media discussion of Justice Scalia's legacy and the debate over his replacement to be consumed, I am going to try to make an effort to note and link here SCOTUS/Scalia stories with a particular focus on criminal justice issues. Here are the headline from some of what I have seen around the web recently that seem worth a peek:

February 16, 2016 at 04:18 PM | Permalink



Posted by: Student | Feb 16, 2016 4:28:37 PM

Maybe, the conservatives should have granted cert to reaffirm the basic principles of Heller/McDonald, huh?

I think they are safe fwiw -- very well might be kept to its facts unless the regulation is severe (e.g., no one can carry outside the home), but would be surprised if they were overruled. A majority by inaction and a key "these regulations are assumed okay" proviso already accepted what amounts to an "undue burden" (Casey) leaving stuff to lower courts as a whole as compared to a strict Roe v. Wade fundamental rights approach enforced by a range of opinions. But, they have to (you'd think) take a 2A case eventually. Be interesting.

Posted by: Joe | Feb 16, 2016 6:13:32 PM

This is an interesting discussion that shows the shades of Scalia: http://crimmigration.com/2016/02/16/justice-scalias-crimmigration-legacy/

Posted by: Joe | Feb 16, 2016 6:16:24 PM

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