DV Update

The latest from the Supreme Court is just as one would expect. Scalia sarcastically asked the Washington prosecutor whether exceptions to the constitution should be made for domestic violence victims. Alternatively, the only woman left on the court seems to be the only one there who recognized the complex and specific problems violence against women presents for legal analysis.

As usual, Scalia tried to make the constitution a literal endeavor and, in the absence of some smart legal framework, the prosecutors in both states stand to lose this case. What they should have argued is that the states are obligated to prosecute these cases by statutes, defined by the states' legislatures. This fact then makes the state the accuser that the defendant is free to confront, as I mentioned yesterday. Unfortunately, they didn't and it looks like women will lose again.