Average person on street cannot describe originalism but has a good idea how a judge like Kavanaugh (or Gorsuch or Sotomayor) is likely to vote based on appointing President's ideology. Not surprised people have strong opinions when Justices are predictable in votes that matter.https://twitter.com/MichaelMcGough3/status/1030239174639734785 …
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Replying to @rickhasen
With the exceptions of Powell, O’Connor and Kennedy every SCT Justice of the last 50 years was wildly predictable on the important cases. And the Justices know this and make sure their docket has mostly non-ideological cases so folks won’t catch on.
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Replying to @espinsegall @rickhasen
I just want to push back on which cases are "important," and draw attention to Scalia's votes in several criminal procedure cases.
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Replying to @CBHessick @espinsegall
I’ve got a whole chapter in my book on Scalia’s criminal procedure cases. It is a mixed bag, and his confrontation clause cases, important doctrinally, help few criminal defendants
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Replying to @rickhasen @espinsegall
The impact of the confrontation cases is doubtlessly lessened by the vanishing criminal trial. But I would not want to understate the impact of the Sixth Amendment sentencing cases. My apologies if you discuss this in your book-I haven't had a chance to read it yet-but will soon.
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Will be interested to hear your thoughts!
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