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View Diary: What a ScAlito Court Would Mean to Me (219 comments)

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    Rehnquist on occasion joined majorities he probably didn't agree with so that he could assign the majority opinion to himself and write a narrow ruling.

    Perhaps the most prominent example of this is Dickerson v. United States, the case in which the Court re-affirmed the Miranda warning requirements.

    Rehnquist had previously expressed his distaste for Miranda, but lo and behold he pops up in the majority and writes the opinion that says Miranda is "embedded in routine police practice" and should be upheld on stare decisis grounds "whether or not this Court would agree with Miranda's reasoning and its rule in the first instance".

    That's relevant to the FMLA, because Rehnquist's views are a pretty good predictor of how his protege John Roberts would vote, and it's fair to say as you have that Rehnquist's true views were likely with Alito and the SCOTUS dissenters on the FMLA.

    So, it's reasonable to assume that both Roberts and Alito would be hostile to the FMLA and related issues.

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    by socal on Thu Nov 03, 2005 at 03:54:11 PM PST

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