Showing posts with label Antonin Scalia. Show all posts
Showing posts with label Antonin Scalia. Show all posts

Tuesday, February 16, 2016

"Harvey Silverglate writes a tribute to Justice Scalia’s war on vague criminal statutes"

Via Instapundit: Justice Scalia, more than any other member of the high court during his 30-year tenure, waged war with the government’s attempt to attack the liberty of citizens and others by brandishing laws that nobody really could comprehend. He understood, as few judges do, the extent of the day-to-day tyranny inflicted by any legal system where the laws are not clear as to what conduct can land a citizen in prison. In the 2011 Supreme Court case Sykes v. United States, Justice Scalia articulated this very concern. The majority determined that a particular crime – felony vehicle flight – constituted a “violent felony” under federal law; in practice, this ruling meant that the individual at the heart of the case was subject to a 15-year mandatory minimum prison sentence. Scalia dissented from the majority, arguing that the federal law in question was so vague in defining a “violent felony” that punishing Sykes under it was unconstitutional. He wrote, in part:

“We face a Congress that puts forth an ever-increasing volume of laws in general, and of criminal laws in particular. It should be no surprise that as the volume increases, so do the number of imprecise laws. And no surprise that our indulgence of imprecisions that violate the Constitution encourages imprecisions that violate the Constitution. Fuzzy, leave-the-details-to-be-sorted-out-by-the-courts legislation is attractive to the Congressman who wants credit for addressing a national problem but does not have the time (or perhaps the votes) to grapple with the nitty-gritty.”

Saturday, February 13, 2016

"Associate Justice Antonin Scalia found dead"

"I was told it was this morning," Biery said of Scalia's death. "It happened on a ranch out near Marfa. As far as the details, I think it's pretty vague right now as to how," he said. "My reaction is it's really unfortunate with any death. And now, politically, in the presidential cycle we're in my educated guess is nothing will happen before the next president is elected." 
The U.S. Marshal Service, the Presidio County sheriff and the FBI were involved in the investigation.
Officials with the law enforcement agencies declined to comment.
A federal official who asked not to be named said there was no evidence of foul play and it appeared that Scalia died of natural causes.