If you like the Scalia opinion Lucas Morel links to, youll love this. On the Seventh Circuit, Judge Frank Easterbrook has just invented a new kind of separate opinion. Not "concurring," not "dissenting," but "dubitante." Strip the polite veneer off, and Easterbrook is slamming the Supremes, and particularly Justice OConnor, for being so unprincipled in free-speech cases that inferior federal judges have no clue what to do. The last couple of sentences are a real hoot:
Given McConnell, I cannot be confident that my
colleagues are wrong in thinking that five Justices will go
along. But I also do not understand how that position can be
reconciled with established principles of constitutional law.
(Thanks to Stuart Bucks The Buck Stops Here.)