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A Booker-based pitch for Chief Justice Scalia

January 26, 2005

A few weeks ago, while we were all still waiting for a decision in Booker, I wondered in this post whether the Booker ruling might impact the Chief Justice sweepstakes.  In that post, I was focused on the role that Justice Thomas might play in the decision, but this Slate essay is now making an interesting pitch for Justice Scalia to become Chief based in part on his opinion in Booker. 

Of course, I would throw Justice Scalia’s Blakely opinion into any conversation about these matters, and also encourage review of prior posts on Considering Justices through the criminal justice lens and on Being Antonin Scalia.