ARC's 1st Law: As a "progressive" online discussion grows longer, the probability of a nefarious reference to Karl Rove approaches one

Thursday, March 03, 2005

Must Read....

Holy Crap... if only this blog were as good.

IowaHawk's take on the recent USSC decision about the death penalty:

Court Backs 3-Oxen Dowries

WASHINGTON, DC - In a far-reaching decision that will likely create complicated consequences for the American livestock and wedding-planning industries, the Supreme Court this morning ruled 5-4 that all US marriage dowries "must include three non-diseased oxen."

Writing for the majority, Justice Anthony Kennedy cited "the weight of the expansive penumbra surrounding the historically emerging and prevailing opinions of tribal shamans from Lesotho to Myanamar" in issuing the historic ruling in American Cattleman Association vs. Modern Bride, Helverson, et al.

In a scathing and sometimes caustic dissent, Judge Antonin Scalia wrote that "Holy. Freakin'. Shit."
This is the point that Scalia made in that rather uncommon discussion with Stephen Bryer about referencing foreign opinions for USSC decisions. Scalia made a very significant point when he said that the most likely use would be to cherrypick decisions from certain countries in order to support your already arrived at decision and ignore those countries that disagree with you. Scalia asked Breyer whether he would look to a ruling in Mozambique or Saudi Arabia, or would he just be content to focus on European decisions. When Breyer stipulated that it was helpful in making a decision, Scalia retorted: "That's FINE... Just DON'T REFERENCE IT IN YOUR OPINION!"

Your Co-Conspirator,
ARC: St Wendeler