Quote:
Originally Posted by Archaea
I didn't read the decision just the case note synopsis. As a libertarian, I don't like the decision.
I saw your swipe at Originalism but did Scalia make a reference to original intent in the decision? Or are you just swiping at Scalia because he is the center of originalism right now?
Liberals are no more libertarian than conservatives any longer, so civil liberties are dead no matter who's in power.
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No, he didn't reference originalism. In a case interpreting what rights the accused have under the Fifth Amendment, Scalia thought best not to bother with originalism at all. Instead, he comes up with a 14 day rule from thin air.
Whether or not the 14 day rule is workable is debatable, but it isn't debatable that the rule has no foundation in originalism. I don't know how Scalia and conservatives can continue trumpeting originalism when they don't apply it in a significant number of cases which involve fundamental constitutional questions.