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Have pro-defendant rulings gotten Justices Scalia and Thomas thrown off the "Justices like..." list?

By Douglas A. Berman

John McCain has this new statement on judicial selection on his official website.  There is a lot of interesting stuff that merits comment, but I was particularly intrigued to see the discussion of the type of Justices he promises to nominate: I will look for accomplished men and women with a proven record of excellence in the law, and a proven commitment to judicial restraint.  I will look for people in the cast of John Roberts, Samuel Alito, and my friend the late William Rehnquist -- jurists of the highest caliber who know their own minds, and know the law, and know the difference.My first reaction was what about Justices Scalia and Thomas, are they chopped liver?  Or are they no longer part of the classic "Justices like...continue to full post

Full post as published by Sentencing Law and Policy on May 06, 2008 (boomark / email).