Court:
Judge(s): Thomas (majority); Kennedy (dissent)
Subject: Tort claims against the government
Tone(s): Self-assured
Importance: 4.0
Think for a second about whether this case would have been resolved differently if guards had confiscated a bible. Are you convinced it comes out the same way? If so, you have a lot more faith in this Court than some of the rest of us.
What’s more interesting about this case, though, is the split. The majority is Thomas, Roberts, Alito, and Scalia.
And Ginsburg? Excuse me?
Kennedy goes over with the liberals, writing a pretty forceful dissent in the process.
This blog’s opinion? The weirdness of the fracture is a function of the weirdness of the statutory language. This was a very tough issue. Though you would have expected Ginsburg to side with the prisoner and Kennedy to side against him, right?
1 comment:
It comes out the same with a Bible, you cynic.
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