Tuesday, August 30, 2005

Scalia plays Lochner for giggles...


This was an interesting article: Scalia blasts 'judge moralists'

Yes, Scalia took his usually big swings against the "living constitutition" and "judge moralists" - YAWN.

What I found intersting is what he was there for:

Earlier in the day, Scalia was much less serious while re-enacting the landmark 1905 Supreme Court case Lochner v. New York with five recent law school graduates, three undergraduates, California Attorney General Bill Lockyer and a Chapman professor.

The original court ruled that a state law limiting bakers' hours violated a bakery owner's liberty and right to due process. On Monday, however, the mock justices overturned that decision in less than 30 minutes of debate.

"There will be no majority opinion. This will be one of those unpublished opinions that will not be citable before the Supreme Court," Scalia, who played the role of Chief Justice Melville Weston Fuller, joked after announcing the students' decision.

The debate was lighthearted, as participants made jests on topics ranging from Scalia's Italian heritage to his reputation as a die-hard constitutionalist.

Professor John Eastman, who played the role of Lochner's counsel, argued that the state law had been sponsored by German union members who wanted to prevent competition from harder working Italian immigrant bakers.

To that, Scalia replied "Mama mia!"

That must have been a great event for law students to have experienced.

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