Wednesday, December 20, 2006

Scalia's Comment Hints at an Early KSR Decision

Justice Scalia spoke last week at a industry group meeting in Northern Virginia, and addressed numerous issues ranging from the death penalty, judicial pay and "constitutional originalism." During the speech, he briefly addressed the KSR case stating that "I know how that one comes out, but I'm not going to tell you." (link) Attendees at the conference were mixed in their interpretation of this comment. Some obviously speculated that the fix was in, and that the Supreme Court had already made up its mind on the outcome of the case. Others interpreted Scalia's comment as an off-hand remark indicating his personal view of the case, but not necessarily reflecting the view of the entire court. At another point in the speech, Scalia acknowledged to the audience that the court sometimes has difficulties following the original constitutional intent of the framers from 220 years ago, especially "when you guys invent some new technology."

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