Otto von Bismarck famously said that two things the people should never see are how sausages and their laws are made. Well, if you care to read Justice Scalia’s tremendous dissent in the “campaign finance reform” case, you will see a great jurist making sausage of what a majority of the Court said was the law. His dissent is available here.
Just as in this summer’s University of Michigan case, the Supreme Court continues to sneak away from constitutional law based on the text of the Constitution and into constitutional law based on the beliefs of the justices as to what good policy might be.
