Glenn Logan was the first correct answer to today’s question, in which I asked for the name of the Justice and the case I paraphrased in this entry. The phrase I loosely quoted was "[t]his is somewhat like referring to shackles as an effective means of locomotion." The answer ably provided by Mr. Logan was Justice Scalia’s famous dissent in Morrison v. Olsen, the case in which the Supreme Court upheld the constitutionality of the now-no-more independent counsel statute. Scalia’s dissent is worth reading in whole, which you can do here. For those unfamiliar with the case, yes, the Olsen in the case is Ted Olsen, the current Solicitor General of the United States. As a last anecdote, I will offer what a law professor I know said to his class when teaching the case after the Clinton impeachment: "Now, I know there’s not a Democrat in the room who disagrees with Justice Scalia in this case."
Mr. Logan’s correct answer comes on the heels of his insightful question about the pre-Marbury case of U.S. v. Hylton, which you can read here, and to which I offer my thoughts here. Thanks again to Logan for reading and playing along.