In a case being closely watched by advocates for domestic abuse victims, several Supreme Court justices on Wednesday expressed serious discomfort with a District of Columbia law that lets the victims themselves bring criminal prosecutions to enforce restraining orders.
During oral argument in Robertson v. United States ex rel. Watson, at least four justices wondered aloud about the protections afforded to criminal defendants facing such charges.
Justice Antonin Scalia compared the District’s system to tearing down the Department of Education and replacing it with a private corporation. “No good, right?” Scalia asked at the end of his analogy.