[Labyrinthos]

I actually don't see a problem with this passage. This is just a wide-ranging discussion of international trends and SCOTUS's history of ruling on the 8th Amendment.

I tend to agree. The majority isn't claiming they are bound by international law or trends, but rather, is generally discussing the laws and trends in other countries as they relate to criminal justice under the 8th Amendment. That's not much different than looking to the Magna Carta, Common Law of England, or even the Bible for perspective. Now if the SCOTUS claims it is bound to construe the Constitution based upon international laws and trends, then I have a real problem.

[Modernman]

Part of the problem is that few people have ever actually read a SCOTUS decision. They're normally wide-ranging intellectual discussions that include passages on history, politics and societal trends in addition to actual case law.

It's easy for people to get excited about one passage taken out of context of a 25 page decision, I guess.