Which portion of his dissent did you find to be "overtly political?"
Given that he thought the property rights concerns should govern and the...forcefulness...of his questions at oral arguments, I thought it was a pretty measured opinion. I wouldn't have expected lines like:
> "Today’s decision may not represent a rout but it at least signals a retreat from Article III’s guarantees."
Given that he thought the property rights concerns should govern and the...forcefulness...of his questions at oral arguments, I thought it was a pretty measured opinion. I wouldn't have expected lines like: > "Today’s decision may not represent a rout but it at least signals a retreat from Article III’s guarantees."