Thursday, May 1, 2014
“Scalia’s dissent … contains a hugely embarrassing mistake,” wrote University of California-Berkeley law professor Dan Farber. “He refers to the Court’s earlier decision in American Trucking as involving an effort by EPA to smuggle cost considerations into the statute. But that’s exactly backwards: it was industry that argued for cost considerations and EPA that resisted.”
Farber continued, writing, “Either some law clerk made the mistake and Scalia failed to read his own dissent carefully enough, or he simply forgot the basics of the earlier case and his clerks failed to correct him. Either way, it’s a cringeworthy blunder.”
Well, like the sign says, nothing is easy!
But seriously, Judge Scalia should own up to this mistake (assuming it is one -- I haven't read the opinions in question and have no intention of doing so), as he insists his and even other judges' clerks do. Heh heh.