Quote:
|
Originally Posted by Tom Servo
He focuses quite a bit on whether or not the Court itself has exaggerated the authority implied by Marbury.
|
And he does it well, too. I cannot guarantee that I agree with everything Scalia writes, but I nearly always enjoy his clarity.
Particularly persuasive is his explanation that since the litigants are in full agreement, there is no case or controversy to decide. In the long run, no matter the result of an individual case, I find result oriented jurisprudence to be a disease that ultimately cripples the real authority of courts.