Justice reverses himself on rights

Washington Times ^ | Monday, June 2, 2003 | By Frank J. Murray

[JohnHuang2]

Justice Stephen G. Breyer shifted this week from outspoken dissenter to majority voter on a key federalism and states' rights issue, but the Supreme Court's most junior justice has not switched sides.

One year after vowing to fight expansion of 11th Amendment immunity, Justice Breyer found himself instead in the majority of a 6-3 ruling going the other way to pierce the states' constitutional immunity from private lawsuits.

[JohnHuang2]

Monday, June 2, 2003

Quote of the Day by Cicero

[sourcery]

Justice Breyer angrily accused the strict-constructionist Rehnquist court of relying on "abstract phrases [that] do not actually appear anywhere in the Constitution."

Actually, that's a good point. There are lots of examples, too:

• "Separation of church and state"
• "Privacy"
• "Stare Decisis"
• "Compelling state interest"
• "National security"
• "The Constitution is not a suicide pact"

[Maelstrom]

9th and 10th Amendments need to be restored before this nation devolves into something only socialists will like