Alito Opinion Draws Scalia Criticism:
Over at my solo blog, I have a post up on today's opinion by Justice Alito, Zedner v. United States.
Adam K:
I'm sorry, I this is horribly, hideously off topic, but am I the only person who at a glance tends to misread Orin's URL as ""?
6.5.2006 7:59pm
Chico's Bail Bonds (mail):
I have conclusively determined that yes, you are the only one who misreads it that way.
6.5.2006 8:16pm
Count me among the few that is interested in the Speedy Trial Act issues discussed in this case. I thought this decision was a necessary reminder that the Act is designed to serve the public's interest in a speedy trial as well as the defendant's, and the Act adopts specific procedures designed to protect this interest. I get the sense that some District Courts have not always strictly adhered to those procedures as long as both parties were willing to go along, and I'm glad to see the Supreme Court taking a stand against that practice.

The concurrence by Justice Scalia really isn't noteworthy (he does this a lot), nor is it surprising to me that Justice Alito--who, incidentally, in many ways strikes me as a bit more of a pragmatist than a textualist or originalist, at least in criminal cases--was willing to use legislative history in this sort of confirmatory role.
6.5.2006 8:42pm
come back to the volokh conspiracy! no one reads your new blog!
6.6.2006 1:03am

With such kind words, how can I stay away?
6.6.2006 1:48am
Bryan DB:
Personally, I've always been annoyed by the whole line of cases affirming the public's right to a speedy trial. The word "public" seems to be in all the wrong places in the Sixth Amendment's language stating that "the accused shall enjoy the right to a speedy and public trial." Alas.
6.6.2006 1:23pm
Bored Lawyer:
Bryan BD:

It was the Speedy Trial Act, and act of Congress, being interpreted here, not the Sixth Amendment. Try reading the opinion before you criticize.
6.6.2006 2:17pm
Attila (Pillage Idiot) (mail) (www):
Did anyone serious really think Alito would be a Scalia clone? Thomas is always said to be one, but he's not. Anyone who's read an Alito opinion in the court of appeals would know he's not a Scalia clone.

If you'll excuse the self-linking, I did a photo comic back in February, following the first arguments Alito participated in, in which Scalia makes fun of the whole concept. (Juvenile content warning.)
6.6.2006 8:42pm