quasi in rem

Monday, May 17, 2004

William Safire...wrong wrong wrong...

He stated:
"11. The U.S. Supreme Court (a) will decide that the rights of alien detainees in Guantanamo have not been violated; (b) will deadlock, 4-4 (Scalia recused), in the Pledge of Allegiance case, thereby temporarily affirming the 9th Circuit decision declaring ‘‘under God'' in the pledge unconstitutional; (c) in Tennessee v. Lane will uphold a state's immunity to lawsuits, limiting federal power in the Americans with Disabilities Act."

Well Tennesse v. Lane was handed down today, and guess what, by a vote of 5-4, the Court agreed that Congress intended to abrogate the state's immunity.

If only, Mr. Safire had read my blog.

My summary of the argument, and prediction, off by 1 vote (that darn Kennedy!), that the court would allow the suit. Similarly it appears at first glance that the Court limited its holding to a facial challenge.

Ahh it is nice to be right. It happens so infrequently.


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