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Reading Comstock Tea Leaves

By Corey Rayburnyung

To show that different people take away varied impressions of the same oral argument, Doug Berman has a funny juxtaposition of two newspaper stories about the Comstock argument. The first commenter at SL&P seems to think that the government lost all but Ginsburg. I agree that Ginsburg was clearly the most government friendly, but it sounded to me like the pragmatic justifications for the law were strong enough for Kennedy and Breyer. Roberts and Alito didn't say much but I think they will continue their government-friendly votes in criminal cases. I wasn't quite sure what to make of Stevens, but I thought he was on balance supporting the government.

Full post as published by Sex Crimes on January 12, 2010 (boomark / email).