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Thursday, August 25, 2005

Justice Stevens a textualist?


The New York Times carried this story yesterday reporting that United States Supreme Court Justice John Paul Stevens, in a speech to the Clark County Bar Association in Las Vegas, criticized his own majority opinions in Kelo v. City of New London and Gonzales v. Raich which respectively upheld the use of eminent domain power to take private homes for commercial development and upheld the federal government's right to statutorily trump Californians law permitting possession of marijuana for medical use.

Justice Stevens called his decisions "unwise," but noted "in each I was convinced that the law compelled a result that I would have opposed if I were a legislator."

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