Supreme Court Justice Antonin Scalia is an opinionated guy. I know. I clerked for him four years ago. Every once in a while, however, Scalia’s love of intellectual engagement leads him to make a mistake. He made one of these mistakes recently.

No, I am not referring to his now-famous Sicilian hand gesture. Nor am I referring to comments he made last month during a speech he delivered to a university in Switzerland. Scalia stated his view that enemy combatants captured by American forces had no right to a trial in civil courts. He did so even though a case presenting this question was arguably pending on the Supreme Court’s docket.

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