Supreme Court of the United States

United States v. Tinklenberg — Scalia, J., concurring

May 26, 2011131 S. Ct. 2007

Summary

Justice Scalia concurs in part and in the judgment, agreeing that a pretrial motion's pendency excludes time under the Speedy Trial Act without requiring actual trial postponement. He argues the text is clear and requires no inquiry into whether a delay was expected or caused, contrary to the Sixth Circuit's view. He emphasizes textual clarity over circuit unanimity as the source of interpretive correctness.