“Lasciate ogne speranza, voi ch’intrate” (“Abandon all hope, ye who enter here”) Dante Alighieri’s The Divine Comedy: Inferno, Canto III, The Gate of Hell
I share only two things in common with Justice Antonin “Nino” Scalia: a first name and a nickname. Everything else about Justice Scalia is anathema to my understanding of the legal system, professional ethics or the human condition.
Anyone who has read Justice Scalia’s dissent (with whom Justice Clarence Thomas predictably concurs) in the recently released U.S. Supreme Court decision in Maples v. Thomas, Commissioner, Alabama Department of Corrections 565 U. S. ____ (2012), will hopefully share my utter sense of bewilderment and melancholy. Unless, of course, you are inclined to believe that no sense of procedural justice exists and that rules of procedure—criminal, civil or administrative—are mere window-dressing like your grandmother’s saggy drapes. (more…)