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Germain Pilon knew what was statuary

Jun 29, 2009
By .
Law

via Instapundit, Roger Pilon proclaims that "In its opinion today in Ricci v. DeStefano, the Supreme Court came down solidly for upholding the equal protection of the law."

That's a puzzling thing to say in view of the fact that SCOTUS decided the case on statutory grounds (as Kennedy's decision makes clear) and punts on the Equal Protection question (as Scalia laments in his concurrence).

Don't epitomize till you've read the dang file!

Last 5 posts by David

3 Comments
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3 Comments

  1. Patrick  •  Jun 29, 2009 @11:51 am

    I was going to say something about giving the lay pundit a break, but then I read Pilon's biography.

    Shameful.

  2. Charles  •  Jun 29, 2009 @1:06 pm

    If you take Scalia's dissent seriously, Pilon is right but he should have saved his gloating for next year.

  3. David  •  Jun 29, 2009 @1:18 pm

    You assume that they'll take up the issue, that they won't punt again, and that all of Scalia's colleagues to the right of Kennedy's left ear will either join or adopt an equivalent line.

    That's a lot of assumption. More accurate would be this: maybe things'll eventually cash out in a way that merits the Pilonesque display in question, but in this case he should've read rather than guessed.

    No biggie– it's not the first time someone capable of more simply mailed it in.