April 29, 2008

Torture Isn't Punishment So the Bill of Rights Doesn't Apply

Anyone else notice that a few years back Justice Scalia became a parody of himself?

Posted by armand at April 29, 2008 04:54 PM | TrackBack | Posted to Law and the Courts


i'm not disputing scalia's increasingly weird tone on certain topics -- although it may have to do with him doing public appearances where before he did none; maybe he didn't sound weird simply because he wasn't talking -- or the problems with his comments on torture in the broader sense. indeed, i think what he said is very poorly articulated, which is unlike him. the fact remains, that, in some constitutional sense, he's correct: torturing a detainee is not punishment in the sense it was intended, and you don't get to cruel and unusual, as a constitutional matter, unless you have punishment.

Posted by: moon at April 30, 2008 08:16 AM | PERMALINK

Point taken, but I was more referring to the tone. This sounds like it's straight out of the Onion.

Posted by: Armand at April 30, 2008 11:24 AM | PERMALINK
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