Monday, February 28, 2011
I have been out of electronic contact most of the day; presumably many readers already know that the Supreme Court reversed the decision in Michigan v. Bryant. A very unfortunate result. The vote was 6-2, per Justice Sotomayor (a surprise to me); the basis of the decision was that the primary purpose of the statements was to resolve an ongoing emergency (also a surprise to me). Justices Scalia and Ginsburg wrote separate dissents; Justice Scalia said that the decision leaves Confrontation Clause doctrine in “a shambles”. I will write more after I have had a chance to read and absorb the opinions.