A Fear of Too Much Justice
Strict Scrutiny
Samia v. United States: A Disaster in Coherence
Six, three Thomas opinion is a disaster in its consequences and coherence. It adopts effectively a loophole or end run around the Supreme Court's prior confrontation clause opinions that had protected confrontation rights by limiting the government's ability to introduce into evidence redacted confessions of co defendants who do not testify. And it doesn't matter how many other defendants are sitting at the table; there's no Sixth Amendment violation even though the government couldn't just put a redaction over the defendant's name.
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