Monday, June 02, 2014
Bond: Hard Case Makes Okay Law
As noted in the past, felt Carol Bond should lose, but the "clear statement" rule handed down today that does not make the nuances of the treaty power as a whole a judicial matter generally was likely the best realistic option. Somewhat (it isn't that obvious) sympathetic to the Scalia three resisting this constitutional avoidance, but not the to me shoddy results (e.g., conclusionary structural arguments, selective citation to Missouri v. Holland etc.).