Balkinization  

Tuesday, June 14, 2011

Justice Scalia as Stylist

Mark Tushnet

I'm not a big fan of Justice Scalia's widely admired (by others) writing style, finding it too often over-the-top, striving to be "cute" and "clever," and snarky in a bad way. But, in Nevada Commission on Ethics v. Carrigan, he approached elegance, with this: "The Nevada Supreme Court thought a legislator's vote to be protected speech because voting 'is a core legislative function.' We disagree, for the same reason."

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