Hmm. So, the U.S. House of Representative and Senate, which provides perhaps the best political mirror for national trends, adopted the death penalty for child rapists. Gee, that sounds an awful lot like an evolving standard that supports the developing law in states.

But Cruz indicated there would be no motion for rehearing . . . Strange.

You don't actually think it would change Kennedy's mind, do you?

Right, that would take at least a couple more national polls.

Nah, to really convince him, you need to get international opinion polls.

quote:

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Originally posted by KSchaefer:
But Cruz indicated there would be no motion for rehearing . . . Strange.

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Not really. When you were a child and your daddy told you "No," and you asked why, and his response was "Because I said so!" -- well then, logic and common sense wasn't going to get you anywhere, was it?

Since J. Kennedy's opinion in this case boils down to five justices saying "Because we say so," there's no point in rehashing the details that they got wrong -- it's not going to change the outcome.

I think Andrea's right--give up on getting the message through to SCOTUS in any kind of normal, lawyerly manner, and instead focus all efforts on convincing the Swedes, etc. that this is simply the latest, hippest, to-die-for fashion trend!

On a more philosophical note, I used to think the SCOTUS was above this. I used to believe that whatever they decided was "right" because they were just so much smarter than the rest of us.

Now I believe they're just "last." And that don't make you right.

Umm, you have been told about Santa Claus, the Easter Bunny and Tooth Fairy, right?

It discusses the implications of Kennedy v. Louisiana on the death penalty in murder cases.

Link

". . . about Santa Claus, the Easter Bunny and Tooth Fairy, right?"

JB, what are you saying?

Don't worry, Virginia, there is a Santa Claus.

Steve Wimberly, the first assistant in the Jefferson Parish, La., district attorney's office, which handled the case for the state before the Supreme Court, said in an interview Wednesday that while no decision had yet been made, "we are strongly considering the option of asking the justices to reconsider the case."


Details.

Question is, are you committed enough to the job to try and get it fixed?

At least, the SCOTUS should be given the opportunity to consider their error. Or it will surely arise at a later time.

Since it's become very obvious of late that the Supreme Court is engaged in power politics, rather than an attempt to honestly answer the constitutional question, I guess it depends on whether the story about their mistake hangs around long enough to look politically embarassing.

Of course, there's a much higher bar for politically embarassing for unelected officials. (Whatever happened to that Ninth Circuit guy, anyway?)

quote:

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Originally posted by R.J. MacReady:
Since it's become very obvious of late that the Supreme Court is engaged in power politics, rather than an attempt to honestly answer the constitutional question, I guess it depends on whether the story about their mistake hangs around long enough to look politically embarassing.

Of course, there's a much higher bar for politically embarassing for unelected officials. (Whatever happened to that Ninth Circuit guy, anyway?)

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At last word, he had requested an investigation to see if his website affected his ability to be impartial.

Has anyone ever told him "If you have to ask . . . ?"

He did recuse himself from the case already. He presented the investigation as sort of a "I know I'm fine, but for public confidence, I'll submit to an investigation anyway" thing.

http://www.scotusblog.com/wp/doj-sends-regrets-on-omitted-cite/

Still no MRH in sight.

Louisiana seeks change on death penalty
Monday, July 21st, 2008 5:51 pm | Lyle Denniston |

The state of Louisiana on Monday asked the Supreme Court to reconsider its ruling a month ago striking down the death penalty for the crime of child rape. The rehearing petition, citing an omission in the Court's opinion of any mention of a federal law on that issue, was filed late Monday afternoon.


Details.