tag:blogger.com,1999:blog-6196201224507060771.post5991368548207570628..comments2023-12-18T05:12:50.293-05:00Comments on LAW PROF on the LOOSE: Protests Too MuchJon Siegelhttp://www.blogger.com/profile/05903271363747693689noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-6196201224507060771.post-17542836467811208152010-05-31T21:17:00.306-04:002010-05-31T21:17:00.306-04:00I agree with anonymous. My point is not that Just...I agree with anonymous. My point is not that Justice Scalia was wrong. My point is that Yoo says that the other side is "simply wrong" and cites Justice Scalia's dissenting opinion as his proof. It's a little much to say that a side that got seven votes out of eight is "simply wrong."Jon Siegelhttps://www.blogger.com/profile/05903271363747693689noreply@blogger.comtag:blogger.com,1999:blog-6196201224507060771.post-87875542096045670362010-05-28T10:36:33.438-04:002010-05-28T10:36:33.438-04:00Peter, there's a difference between recognizin...Peter, there's a difference between recognizing that a dissent presents a legitimate (albeit not controlling) opinion about the law and citing a dissent as an accurate statement of the law.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6196201224507060771.post-80486245020161232392010-05-28T08:15:08.729-04:002010-05-28T08:15:08.729-04:00Professor,
My con law professor once chastised me...Professor,<br /><br />My con law professor once chastised me for not reading the dissenting opinions in Supreme Court cases. He said "today's dissent is tomorrow's law."<br /><br />I wonder whether you dismiss other dissenting opinions the way you dismiss Scalia's? For instance, how about Stevens' dissent in Citizen's United? <br /><br />Holding a minority opinion does not make one wrong. It is the reasoning of the dissent and not the fact of the dissent that should be challenged. <br /><br />For the record, I enjoy your blog. I sometimes disagree with you, but you always make me think.Peterhttps://www.blogger.com/profile/07265281339588174852noreply@blogger.com