Justice Scalia Ties Supreme Court Prisoner Release Decision to Gay Rights Overreach: “Power of the Black Robe”

From today’s dissent on the denial of a stay in the California prisoner release case:

It appears to have become a standard ploy, when this Court vastly expands the Power of the Black Robe, to hint at limitations that make it seem not so bad. See, e.g., Lawrence v. Texas (Scalia J. dissenting); United States v. Windsor (Scalia, J., dissenting). Comes the moment of truth, the hinted-at limitation proves a sham. As for me, I adhere to my original view of this terrible injunction. It goes beyond what the Prison Litigation Reform Act allows, and beyond the power of the courts. I would grant the stay and dissolve the injunction.

UPDATE: Interesting double entrendre in Scalia dissent.


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