I love it when the Supreme Court justices get catty with each other.
Quote:
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Originally Posted by Chief Justice Roberts, dissenting in Abdul Fakir v. Quarterman
In today's decisions, the Court trivializes AEDPA's requirements and overturns decades-old sentences on the ground that they were contrary to clearly established federal law at the time - even though the same Justices who form the majority today were complaining at the time that this Court was changing that "clearly established law."
Still, perhaps there is no reason to be unduly glum. After all, today the author of a dissent issued in 1988 writes two majority opinions concluding that the views expressed in the dissent actually represent "clearly established" federal law at that time. So there is hope yet for the views expressed in this dissent, not simply down the road, but tunc pro nunc. Encouraged by the majority's determination that the future can change the past, I respectfully dissent.
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I don't have a clue whether I agree with Roberts' dissent or not, but I can't help but picture him walking into Stevens' office (the justice writing the majority in question) and slamming down his dissent and shouting "in your face!"