Re:Snowden: FBI obscuring crucial details in Apple case
by randominion on Saturday February 20, 2016 @10:14AM
(#11140326)
I love how people keep going back to him being a defender of state's rights, but conveniently forget about cases such as the Bush vs Gore recount, where he specifically took away the state's right to recount, with some disastrous consequences
And there are other examples as well.
People want/like to think of him as a defender of the Constitution. Great. But consistent, he never was.
Also look at Texas v Johnson, Maryland v. King, Kyllo v. United, Florida v Jardines.
Scalia would almost certainly be on Apple's side in this because it represents not a question of legislation but a question of the power of the state.
It's easy to dislike Scalia based on decisions not going the way one's personal convictions would hope, but in questions regarding the power of the state, Scalia is very clear. Remember Scalia defended flag burning as well as opposing thermal imaging into a private home without a warrant. He also opposed involuntary DNA submission -- definitely read the opinions and not simply examine the outcomes.