A glaring error in a landmark dissent: you'd think it would make news, right? Wrong.

To bolster his argument that the Guantanamo detainees should be denied the right to prove their innocence in federal courts, Justice Antonin Scalia wrote something that was flat out false. In his dissent in Boumediene v. Bush: Scalia alleged, "At least 30 of those prisoners hitherto released from Guantanamo have returned to the battlefield." The Justice cited news reports, but the fact is, almost nothing about his statement is true.

According to a new report by Seton Hall Law Center for Policy and Research, the Defense Department corrected that '30' number in a press release issued almost a year ago. The correction was submitted to the House Foreign Relations Committee earlier this year. At most some twelve detainees "might have returned to the fight" but the DOD actually has no system for tracking the whereabouts of released detainees. And that word "return" is 100% misleading too. Almost all the detainees were turned in by tipsters and were picked up far from any battlefield.

Scalia bolstered his claim that the Boumediene decision "will almost certainly cause more Americans to be killed" with stale information that was proven to be false and came from one of the parties involved int the case.

Bad enough? Not apparently to make it news.

Scalia authored the majority decision in the gun case decided today.