27 June 2004

Scalia's Ire Toward Breyer

From Blakely:

"The implausibility of JUSTICE BREYER’s contention that Apprendi is unfair to criminal defendants is exposed by the lineup of amici in this case. It is hard to believe that the National Association of Criminal Defense Lawyers was somehow duped into arguing for the wrong side. JUSTICE BREYER’s only authority asking that defendants be protected from Apprendi is an article written not by a criminal defense lawyer but by a law professor and former prosecutor. See post, at 4–5 (citing Bibas, supra); Association of American Law Schools Directory of Law Teachers 2003–2004, p. 319."

As always there were plenty of quotable moments from Scalia but this is the one which tickled me.

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