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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: Lane3 who wrote (21233)6/16/2006 11:15:46 AM
From: JohnM  Read Replies (1) | Respond to of 541958
 
We are in "slippery slope" territory here, Karen.

The actual decision is, as I've typed, not about the wisdom of the "thou must knock" provision. Rather about whether it should be enforced. Scalia says, fine law just don't enforce. Breyer says, fine law so let's enforce.

We are also in territory in which I may well change my mind as I read. I don't think everything is on the table.

At the moment, it looks as if we have a decision in which Scalia, with his traditional preference for strong state with fewer civil liberty protections, stretched that position into territory it should not have gone. Deciding which laws to enforce.