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Is the Court on a March to the Right?

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Not really  --  or at least such is the view of those of us who weren't thrilled with what was arguably the biggest criminal law decision of the term, Graham v. Florida.  Now, Tom Goldstein of SCOTUSblog joins in debunking the notion that conservatives are running the show.  Here is one excerpt of his analysis:

In United States v. Comstock, which upheld Congress's power to provide for the civil commitment of sexually dangerous persons after the completion of their prison sentences, the Chief Justice joined in full in the left's broad interpretation of Congress's power under the Commerce Clause; Kennedy and Alito did not; and Scalia and Thomas would have invalidated the statute.  In Padilla (the case about advising clients about the immigration consequences of pleading guilty), Kennedy joined the left, Roberts and Alito articulated a middle ground standard, and only Scalia and Thomas would have found that the attorneys had no relevant obligation.  And in Citizens United itself, Alito (along with Thomas) joined an opinion by Justice Scalia defending the result on originalist grounds, but the Chief Justice did not; Alito in turn joined the Chief's discussion of stare decisis, but Scalia and Thomas did not.

Mr. Goldstein is nobody's version of a conservative, but he's a fair-minded man and a keen observer of the Court.  His summary of the just-completed Term is here.

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