Michigan v. Bryant — Scalia, J., dissenting

Summary

Justice Scalia dissents, arguing that Covington’s statements were testimonial under Crawford and Davis because the declarant’s intent determines testimonial status, not police intent. He contends the majority’s primary-purpose test distorts Confrontation Clause jurisprudence and resurrects discredited reliability-based analysis. Justice Ginsburg dissents in agreement with Scalia, while Justice Thomas concurs in the judgment based on lack of formality.