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Justice Scalia’s puzzling dissent

Dan Farber, professor of law | May 5, 2014

As I’ve been studying the opinions in EME Homer, I’m increasingly struck by the oddities of Justice Scalia’s dissent.  There was a flap last week about his blunder, later quietly corrected, in describing one of his own past opinions. But that’s not the only peculiarity of the dissent. As a quick reminder, EME Homer involved the Environmental Protection Agency’s … Continue reading »