Hooray For Clarence Thomas
Randy Barnett at Volokh has found a beautiful summation in the dissent by Clarence Thomas of the problems with the Supreme Court in the Kelo decision:
“Something has gone seriously awry with this Court?s interpretation of the Constitution.”
If Thomas were a liberal his praises would be sung to the highet heavens; since he has the misfortune to be a conservative he is pilloried.
*Update: In the comments there a reader provides this wondrous quote from “Judge Kozinski’s Silveira dissent:” (I suppose that means something to lawyers – Ed.)
“The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed–where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees– however improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.”
Nanny State | Mr. Bingley | 
June 25, 2005 11:36 am
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Substance aside, and obviously I’m not talking about Kelo, but I think the most interesting and thought-provoking opinions are the ones where Thomas and Scalia wind up on opposite sides. I can’t cite things off the top of my head, but I don’t automatically wind up siding with one or the other.
Kozinski is really WAY more likely to go postal on the rest of the Ninth Circuit than Scalia ever is on his fellow Supremes.