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.
quote:Originally posted by KSchaefer: But Cruz indicated there would be no motion for rehearing . . . Strange.
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.
Posts: 2432 | Location: TDCAA | Registered: March 08, 2002
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.
Posts: 146 | Location: Dallas, Texas USA | Registered: November 02, 2001
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."
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?)
Posts: 104 | Location: Texas | Registered: May 12, 2008
quote: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?)
At last word, he had requested an investigation to see if his website affected his ability to be impartial.
Posts: 2578 | Location: The Great State of Texas | Registered: December 26, 2001
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.
Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004
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.