Scalia & Rehnquist bad mouth the other supremes (oh yes they did)

[donsu]

http://story.news.yahoo.com/news?tmpl=story&cid=558&e=2&u=/ap/20040427/ap_on_go_su_co/scotus_school_prayer

Two of the Supreme Court's most conservative members delivered an unusual public rebuke to more liberal justices Monday, accusing them of ducking an important church-state fight over mealtime prayers at a taxpayer-funded military college.

-snip-

Scalia delivered a polite but blunt critique of what he suggested are flimsy reasons for avoiding an appeal on behalf of the Virginia Military Institute, which is part of the state's university system.

-snip-

By dissenting in the VMI case, Scalia and Rehnquist revealed that, at most, they were able to collect just one additional vote to hear the case. The justices in the court's ideological middle, Sandra Day O'Connor (news - web sites) and Anthony M. Kennedy, did not reveal their votes.

One reason to reject the case, Stevens said, was the lack of a clear division among lower appeals courts that have considered similar issues about campus prayer. Such splits often lead the Supreme Court to get involved and make the law uniform nationwide.

Scalia pounced on that reasoning, and he came close to calling his colleagues hypocrites. Of course, there are no cases precisely like the VMI case because there are no institutions precisely like VMI, Scalia wrote.

The case is Bunting v. Mellen, 03-863.
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there is a stink in the supreme court building. like something moldy and dying. something that's been there a long time, festering. sunshine would go a long way in getting rid of the stink. Opening the doors and windows would help too.

[The Backlash Cometh]

1. So, if you say, "You M-Fer" in a polite way, it doesn't count?

?

[northernsoul]

2. if you read a lot of modern USSC opinions

you'll see the justices taking rhetorical shots at eachother all the time. Unfortunately, Scalia has really lowered the bar by acting like the sky is falling every time the majority doesn't agree with him.