"The majority abandons any semblance of judicial restraint," the dissenting judges said.
The basis for these requests was new information received by the activists about an email sent by the judge who authored the dissent and judicial discipline proceedings related to the email.
Carr and other federal law enforcement officials noted the rule was amended with little dissent from judicial committees that weighed the proposal and sent it to the Supreme Court for final approval.
The majority opinion gave short shrift to the right asserted by the plaintiffs, owing to a narrow conception of the rights we hold--a failure of judicial engagement that the dissent rightly identified as not "judicial modesty" but "judicial abdication".
The left saw Scalia as an unscrupulous foe who amplified his judicial role with scathing dissents and outrageous public comments.
And the justice minister, a former leader of the judicial independence movement, publicly dissented, arguing that Mr. Morsi should limit his attempt to assert immunity from judicial oversight to acts only related to protecting the constituent assembly or other elected bodies — something the clarification offered Monday appeared to do.
"Today's decision, in our view," the dissent said, "elevates judicial distaste for the death penalty over the legislative will".
After Lochner, judicial precedent was altered; the dissent in that case eventually became the majority opinion (against economic rights).
"They rewrote the law," Leahy added, "to say that age discrimination laws don't apply if corporate interests don't want them to," referring to a 2009 5-4 decision that Justice Stevens in dissent called "unabashed judicial law-making".
These doses of judicial empathy, delivered in oral dissents from the bench, were inflected with personal experience: Justice Sotomayor spoke from the heart in reporting how "race matters"; Justice Ginsburg's analysis came from a woman who faced sexism in her own career; and Justice Breyer's father worked as a lawyer for the San Francisco public schools.
