11/14/08

The principles of conservative casuistry

Justice Antonin Scalia was unswayed by that argument. "People are governed by the law that is passed, not by the law that Congress intended to pass," he said. He and Chief Justice John G. Roberts Jr. said the law as written appeared to apply only to domestic violence measures, not the more common laws against assault and battery. |LA Times|

Let's be clear about the game here. Intent is everything until intent doesn't give the right result. Then we switch to plain meaning, or if the law is old enough, plain meaning at the time (which is almost fuzzy enough to match original intent).

(via)

Because I am a nerd: I wanted to title this post, "And then blamm, Eric Fromm!"

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