I'm just hearing this story this morning. Yea, it does seem a bit odd. I mean, doesn't it already indicate which way Scalia will go on the matter?  TIS
"Mankind must put an end to war before war puts an end to mankind. War will exist until that distant day when the conscientious objector enjoys the same reputation and prestige that the warrior does today." JFK
"War is over, if you want it" - John Lennon
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