Monday, October 11, 2004

Breaking the code

As bloggers roil over Bush's astonishing choice to revive a Supreme Court decision on slavery, as many toil to read the coded message in the Dred Scott moment, Eric Muller has a take that seems almost believable. Could it be?

UPDATE: Eric is on to something. Scalia pulled the same trick in his dissent in Stenberg v. Cahart (2000), a case striking down Nebraska's D&E abortion statute (via Lawyers, Guns & Money).

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