Michael Dorf
Michael Dorf
dissent either good join roberts roe saying says taken whom
At that point, Roberts either has to join them, saying that Roe is good law, ... or he has to join the dissent of Scalia, Rehnquist and Thomas, each of whom says Roe is an abomination and should be taken off the books.
case civilian classic determination executive judicial legal military power question threshold using versus
The real question in this case ... is who makes the threshold determination of using a civilian or military legal system. It's a classic case of executive and congressional power versus judicial power.