Connecticut v. Doehr/Concurrence Scalia

by Antonin Scalia

Justice SCALIA, concurring in part and concurring in the judgment.

Since the manner of attachment here was not a recognized procedure at common law, cf. Pacific Mutual Life Ins. Co. v. Haslip, 499 U.S. ----, ----, 111 S.Ct. 1032, ----, 113 L.Ed.2d 1 (1991) (SCALIA, J., concurring in judgment), I agree that its validity under the Due Process Clause should be determined by applying the test we set forth in Mathews v. Eldridge, 424 U.S. 319, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976); and I agree that it fails that test. I join Parts I and III of the Court's opinion, and concur in the judgment of the Court.

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