Giles Commentary: Yesterday, Richard Friedman's Confrontation Blog had this post by Joan Meier, of George Washington Law School and DV LEAP. Meier's post argues that the conflict between the confrontation clause and the forfeiture principle addressed in Giles v. California cannot be resolved by looking to the Framer's intent or early United States common law. Meier's also argues that Framing-era courts decisions in dying declaration cases and child rape cases indicate the forfeiture principle would have been applied in a case like where the defendant's wrongdoing caused the witness's absence at trial.

Scalia's Use of Di Re in Moore: Orin Kerr at the Volokh Conspiracy comments on the Justice Scalia's use of United States v. Di Re in today's majority opinion of Virginia v. Moore. Kerr's post states that Scalia misapplied Di Re by "saying it was just a case of federal supervisory power" and agreeing Justice Ginsburg that Di Re was "pinned on the Fourth Amendment and not our 'supervisory power.'"