Media in Trouble: All the news thats UNfit to print!: Scalia Foot In Mouth

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Wednesday, April 27, 2005

Scalia Foot In Mouth

Well if you get arrested and convicted in another country, The Supremes say you can't really be held accountable for that crime in this country.

First let's see what tghe lede says about the case:When Gary Small walked into a sports store in his hometown of Delmont, Pa., to buy a pistol, he probably did not see himself as the central figure in a Supreme Court case. But that is what he became.

Before walking out of the store with his 9-millimeter pistol on June 2, 1998, he filled out the mandatory federal form. It asked whether he had ever been convicted "in any court" of a crime punishable by a year or more in prison. Fatefully, he answered "no."
OK. Justice Breyer? What says the court?:
But today, the Supreme Court sided with Mr. Small, ruling 5 to 3 that the phrase "convicted in any court" applies only to convictions in the United States. "Congress ordinarily intends its statutes to have domestic, not extraterritorial, application," Justice Stephen G. Breyer wrote for a majority that also included Justices John Paul Stevens, Sandra Day O'Connor, David H. Souter and Ruth Bader Ginsburg.

Scalia, dissagreed (as usual):
In dissent, Justices Clarence Thomas, Antonin Scalia and Anthony M. Kennedy said, among other things, that "any" means what it says. "Indisputably, Small was convicted in a Japanese court of crimes punishable by a prison term exceeding one year," Justice Thomas wrote. "The clear terms of the statute prohibit him from possessing a gun in the United States."

Hmm... Funny.

I think I remember a recent quote by Scalia on what the merits of international laws:
"I do not use foreign law in the interpretation of the United States Constitution"

Hey any means ANY!

Well I hope this case never makes it to Scalia's bench, I think he will find himself in bit of a pickle!