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By David M. Wagner

At oral argument in Ressam, Justice Scalia seemed concerned about the inherent unfairness of criminalizing the mere "carrying" of an explosive while commiting another felony, even one unrelated to the explosives. But in the Ressam decision issued today, he joined Justice Thomas's concurrence, agreeing with the Court that such is the meaning of 18 U.S.C. §844(h)(2). The only parts he and Thomas refused to join were the legislative history parts. Hm.

Full post as published by Ninomania on May 19, 2008 (boomark / email).