Saturday, January 31, 2009

Consequences

Justices Step Closer to Repeal of Evidence Ruling: "Better police work, Professor Walker said, was a consequence of the exclusionary rule rather than a reason to do away with it."

The Right, with a Supreme Court majority are working to repeal the rights of everyone (except business corporations, natch) under law.

I took notice, because the reasoning put forth by Justice Scalia seemed to me to echo the reasoning of Milton Friedman, in his libertarian critique of the New Deal.

Because institutional reform -- in this case, a rule that excludes evidence gathered by means of police misconduct -- has resulted in improved, routine performance -- the rule should be repealed, the institution trashed.

Friedman thought almost the whole of the New Deal should be repealed. We are living with the consequences of banking deregulation.

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