[EL] I meant the text, not the sign-off line

Richard Winger richardwinger at yahoo.com
Wed Jun 26 11:17:14 PDT 2013


It is the text of Scalia's dissent I was referring to.  I shouldn't have bothered to mention the sign-off line.  The text is nasty and insulting in many places.

Richard Winger

415-922-9779

PO Box 470296, San Francisco Ca 94147

--- On Wed, 6/26/13, Smith, Brad <BSmith at law.capital.edu> wrote:

From: Smith, Brad <BSmith at law.capital.edu>
Subject: RE: [EL] Supreme Court now seems as bad-mannered as congress
To: "richardwinger at yahoo.com" <richardwinger at yahoo.com>, "law-election at UCI.EDU" <law-election at UCI.EDU>
Date: Wednesday, June 26, 2013, 10:35 AM



 



I wouldn't put any stock in the sign-off line. Justices sometimes say "I respectfully dissent," and sometimes simply say "I dissent." Ginsburg routinely says "I dissent." 




Bradley A. Smith
Josiah H. Blackmore II/Shirley M. Nault
   Professor of Law
Capital University Law School
303 E. Broad St.
Columbus, OH 43215
614.236.6317
http://law.capital.edu/faculty/bios/bsmith.aspx




From: law-election-bounces at department-lists.uci.edu [law-election-bounces at department-lists.uci.edu] on behalf of Richard Winger [richardwinger at yahoo.com]

Sent: Wednesday, June 26, 2013 1:21 PM

To: law-election at UCI.EDU

Subject: [EL] Supreme Court now seems as bad-mannered as congress









My e-mail is not really election-law related, but since Richard Pildes posted on the election law blog about today's DOMA decision, subject matter constraint is relaxed today!



This morning I read Justice Scalia's dissent in Windsor, and I don't remember seeing such a bad-tempered dissent ever before in the US Supreme Court.  And, yes, at the end, he said, "I dissent", not "I respectfully dissent", the more normal ending line for
 dissents.  Chief Justice Roberts dissent in the DOMA case doesn't end with either line.  Alito ended his dissent with the normal "I respectfully dissent."



Then we have the eye-witness accounts from a few days ago that Alito rolled his eyes while Ginsburg was reading her dissent in another case.



Richard Winger

415-922-9779

PO Box 470296, San Francisco Ca 94147








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