(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
Anthony Kennedy is a world class scoundrel. May the blood spilled by youthful murderers torment his empty head and perverse soul.
This whole line of argument rather irritates me. Not because I think international law should have any bearing on U.S. constitutional law, but because the 8th Amendment is in fact designed to be the only really subjective part of the document. There is no way to define a "cruel and unusual" punishment except by comparison to punishments in other times and places - whether in practice or in theory.
Debra says almost all of it right. However, I take her to task for saying the following:
A There is an argument to be made that, as per the Eighth Amendment, it is "cruel and unusual" to execute those convicted of crimes committed when they were minors.
Were the victims of these "minors" treated humanely? Matter of fact, these minors had received a death sentence because they had acted like animals and deserved to be removed from society permanently. Debra needs to talk to the relatives of those who were so "cruelly and unusually" executed by these minors. Maybe, just maybe, she would see it from the other side.
There is a Republican majority and those who voted to elect Republicans deserve their votes to count in the conduct of Senators with respect to the appointment of judges.
For anyone who has studied the issue, Zimring is one of 'the guys'. He's been writing on the question of capital crimes for decades, and I believe his book, Deterrence (with Hawkins), is something of a law-school standard. Unfortunately, if I recall, he's also something of a lib for all his utilitarian empiricism (i.e. deterrence). I believe he ultimately opposes the death penalty. In good conscience, as a traditionalist Catholic, I cannot oppose the use of the death penalty, where warranted.