Justice Scalia dissents from a traffic ticket

Justice Scalia was charged with being at fault for a fender-bender while driving himself to work. It was not known whether he will pay or contest the fine.

Today the DMV Traffic Adjudication Services, a court nowhere authorized by Article III of the Constitution, has seen fit to burden the confrontation rights of a motorist, based on subjective policy preferences that were wholly unknown to the American people who adopted the Constitution.

There is no constitutional right not to be rear-ended. See Matter of Sir Walter Raleigh’s Horse, 142 Eng. Rep. 90 (1602).

In the course of oral argument at the side of the road, the police cited my recent dissent in Michigan v. Bryant, 131 S.Ct. 1143, 1175 (2011), wherein I observed that “An eyewitness’s statements to the police after a fender bender . . . are both reliable and testimonial. Statements to the police from one driver attempting to blame the other would be similarly testimonial but rarely reliable.”

The police have unmoored this statement from the text and its historical roots.

The Framers could not have envisioned such a hollow constitutional guarantee as, “Fill out the back of the ticket and check ‘Deny.'” Under this enfeebled view of the right to confrontation, the motorist is obliged to pay the ticket upfront. This is akin to beheading the accused while promising emergency surgery afterwards.

I dissent.

About Appellate Squawk

A satirical blog for criminal defense lawyers and their friends who won't give up without a squawk.
This entry was posted in Law, Law & Parody and tagged , , , , . Bookmark the permalink.

3 Responses to Justice Scalia dissents from a traffic ticket

  1. Pingback: Supreme Court serves up freedom-destroying cocktail | appellatesquawk

  2. Pingback: Justice Alito on the wall | appellatesquawk

  3. Pingback: THE BEST OF APPELLATE SQUAWK 2010-2020 | Appellate Squawk

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.