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May 04, 2009


Kent Scheidegger

In the Crawford and Apprendi lines of cases, Justice Scalia has applied originalism to the benefit of criminal defendants, generally considered a "liberal" result. In particular, in Ring v. Arizona, he applied it to deliver a major blow to capital punishment. Liu's implied charge that the conservative justices do not follow the original understanding when it is contrary to the result they prefer does not fit the facts.

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