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12 November 2007


Supremacy Claus

It often takes a decade for the full understanding and impact of a judicial policy change. In the case of the Scalia led series, the result has been immediate.

Apprendi/Blakely/Booker/Cunningham resulted in an immediate Scalia Bounce. The crime rate has begun to explode, with no let up in sight. As crime decreased under the guidelines by their incapacitation of criminals, lawyer jobs threatened to decrease in the face of increases in the output of law graduates. Scalia ended the trend with reasoning from a foreigner who voted for the Stamp Act, and tried our beloved patriots in absentia.

Scalia freed more vicious criminals, and generated more lawyer jobs than Brennan, by his rent seeking hyper-proceduralism. And this just the start of the effect of these decisions. The hard to measure effect on prosecutors in plea offers can only be measured using the DOJ crime victimization rate survey.

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