A friend writes to correct me:
Although I got drunk with him once (and found him a most unpleasant person), I carry no brief for Scalia. But in the Hamdi case, he takes the correct position that only Congress can suspend the writ of habeas corpus, and then only in cases of invasion or insurrection and when the civil courts are not in operation. In fact his dissent is about the best I seen in some time on the issue. He even takes on Lincoln. Thomas (who is usually better than Scalia), on the other hand, comes off as a nut case. (Who knows, it's a new session, maybe they all have new law clerks.)
