February 18, 2016

"Who would rather read about some dry, multipronged doctrinal test than about 60,000 naked Hoosiers..."

"...(in his nude-dancing opinion) or even just nine people selected at random from the Kansas City phone book (addressing the relative competence of the nine justices to decide right-to-die issues)? And his colorful prose could have serious consequences — I am not sure the Lemon test on religion and the First Amendment ever recovered from Justice Scalia comparing it to a B-movie ghoul."

Writes Paul Clement, explaining why "scores of law students, across the ideological spectrum, confess that they always read the Scalia opinion first — whether majority, dissent or concurrence."


rehajm said...

Profoundly flattering.

Bay Area Guy said...

The "Paul Clement" Tag should be supplemented to read,"Paul Clement -- future Supreme Court Justice"

Mick said...

Bay Area Guy said...
"The "Paul Clement" Tag should be supplemented to read,"Paul Clement -- future Supreme Court Justice"

Nonsense. He teamed up with the Usurper's solicitor general and said that Cruz was somehow eligible because of a now defunct 1790 Naturalization Act that said that those born abroad of 2 citizen parents "shall be considered as" (not "are", meaning, shall be considered eligible for the Presidency), even though Cruz was born of a foreign father, and would not have even been a US citizen before 1934 (so he cannot possibly be natural born now).

He is a bought and sold protector of the Usurper.

John Tuffnell said...
This comment has been removed by the author.
John Tuffnell said...

Here's my name dropping post.

I met Scalia at a cocktail party on the outside deck of a law firm in 2001 or so. He was short but very powerful. The kind of guy you couldn't tackle if you tried, and not because of the secret service. He had a wry smile and his eyes literally twinkled. May have been the gin.

I had lunch with Clement after he argued a case as Solicitor General. It was the right to die case -- Gonzalez v Oregon. First and only time I've seen oral argument at SCOTUS in person. Clement ordered a nice bottle of red wine with lunch and four of us talked about various things. Sorry to report that I only remember the Packers football topic. I still have the receipt somewhere.

Clement would be a terrific future justice. Would be another Wisconsin native. Rehnnquist may have been the last and only?