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- SUPREME COURT OF THE UNITED STATES
- --------
- No. 91-372
- --------
- GEORGIA, PETITIONER v. THOMAS McCOLLUM,
- WILLIAM JOSEPH McCOLLUM and
- ELLA HAMPTON McCOLLUM
- on writ of certiorari to the supreme court of
- georgia
- [June 18, 1992]
-
- Justice Scalia, dissenting.
- I agree with the Court that its judgment follows logically
- from Edmonson v. Leesville Concrete Co., Inc., ___ U. S. ___
- (1991). For the reasons given in the Edmonson dissents,
- however, I think that case was wrongly decided. Barely a
- year later, we witness its reduction to the terminally
- absurd: A criminal defendant, in the process of defending
- himself against the state, is held to be acting on behalf of
- the state. Justice O'Connor demonstrates the sheer
- inanity of this proposition (in case the mere statement of it
- does not suffice), and the contrived nature of the Court's
- justifications. I see no need to add to her discussion, and
- differ from her views only in that I do not consider
- Edmonson distinguishable in principle-except in the
- principle that a bad decision should not be followed logically
- to its illogical conclusion.
- Today's decision gives the lie once again to the belief that
- an activist, -evolutionary- constitutional jurisprudence
- always evolves in the direction of greater individual rights.
- In the interest of promoting the supposedly greater good of
- race relations in the society as a whole (make no mistake
- that that is what underlies all of this), we use the Constitu-
- tion to destroy the ages-old right of criminal defendants to
- exercise peremptory challenges as they wish, to secure a
- jury that they consider fair. I dissent.
-