Tuesday, November 18, 2003

Washington Post Article on Scaila and Racial Preferences

I thought this was interesting: The Washington Post describes Scalia's dissent from denial of cert in a racial preferences for minority businesses case this way:

Scalia's written objection broke the customary silence that surrounds the court's choices about which cases to hear.

A reader could infer from this that Scalia is breaking the mold, and thus has some kind of agenda, is radical, etc.

Too bad the Post is just plain wrong. That same day, Justice Breyer wrote a dissent from denial of cert. Justice Stevens wrote a defense of denial that day too. I see stuff like this all the time.

Basically, Scalia broke a "customary silence" that doesn't exist. C'mon Post, get your act together.

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