tag:blogger.com,1999:blog-5739125502680107097.post1651918452971311455..comments2023-12-20T03:53:19.857-05:00Comments on Jost on Justice: Judging Alito: The Power of Positive Thinking<b>Kenneth Jost</b>http://www.blogger.com/profile/08130278447396616546noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5739125502680107097.post-17832156239435016202011-02-01T20:15:20.647-05:002011-02-01T20:15:20.647-05:00Mr. Jost's critique seems to reduce itself to ...Mr. Jost's critique seems to reduce itself to the fact that (Surprise of surprises!)Justice Alito is not Justice O'Connor. Casting Justice Alito as the former literal "tie-breaker" as juniormost Justice in a number of important cases--primarily as a consequence of his voting last, as is the court's custom for whoever happens to be the juniormost Justice--does not disguise Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-83057304473670498702011-02-01T16:10:59.782-05:002011-02-01T16:10:59.782-05:00I'm just an amateur here, but giving deference...I'm just an amateur here, but giving deference to the lower court's fact findings doesn't mean that the court has to accept whatever the lower court finds if it is clearly erroneous. Also, couldn't the possible effect of prisoner release on public safety be considered a legislative fact that is not owed deference by the reviewing court(as opposed to a material fact that is)?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5739125502680107097.post-68291688811413506122011-02-01T09:37:20.460-05:002011-02-01T09:37:20.460-05:00Wow, I'm guessing you don't like him very ...Wow, I'm guessing you don't like him very much. <br />I'm sure the world would be so much better if we just let all these prisoners out on the steet.Anonymousnoreply@blogger.com