Posted on 03/06/2005 6:22:59 AM PST by kellynla
In 1992, before delivering the Supreme Court's ruling in an abortion case, Justice Anthony Kennedy stood with a journalist observing rival groups of demonstrators and mused: "Sometimes you don't know if you're Caesar about to cross the Rubicon or Captain Queeg cutting your own tow line." Or perhaps you are a would-be legislator, a dilettante sociologist and a free-lance moralist, disguised as a judge.
Last Tuesday Kennedy played those three roles when, in yet another 5-4 decision, the court declared it unconstitutional to execute people who committed murder when they were under 18 years old. Such executions, it said, violate the Eighth Amendment proscription of "cruel and unusual" punishments because. . . . Well, Kennedy's opinion, in which Justices Stephen Breyer, Ruth Bader Ginsburg, David Souter and John Paul Stevens joined, is a tossed salad of reasons why those five think the court had a duty to do what state legislatures have the rightful power and, arguably, the moral responsibility to do.
(Excerpt) Read more at washingtonpost.com ...
Well there's nothing stopping you from coming south.
The border patrol sure won't! LMAO
Semper Fi, Gyrene
Kelly
Even if just Rehnquist leaves -- which I assume he will -- a good new Justice would have made this 5-4 the other way. One is enough. That's why the Dims are fighting tooth-and-nail.
Spinestein, you hit the nail on the head! Of course Kennedy's opinion is laughable, but those who eviscerate his tortured "logic" should be aware that "logic" had nothing to do with his ruling. He decided the case based on his emotions and personal biases, then wrote an opinion to obscure the real reasons he decided as he did. Sorta like the Red Queen in "Alice in Wonderland" who proclaimed "Execution first, trial afterwards" (paraphrase).
So, let me get this right, you can't kill a vicious murderer because he/she was 17 at the time of the murder because they have a "lack of maturity" and an "underdeveloped sense of responsibility" but it is just fine for a 12 year old girl to walk into an abortion clinic and get an abortion without her parent's permission or even knowledge? And it is okay to kill the most innocent of us all without so much as even a hearing?
Got it. Thanks. It seems to me that the "Living Document" gang will generate contradictions every time they open their mouths. I was just trying to figure out a way to capitalize on this one.
Like, if they can "Creatively Interpret the Constitution" then The People should be able to "Creatively Interpret the Courts Rulings".
Hey, THEY started it. :)
Just wondering,
Mush the TroubleMaker
"So, let me get this right, you can't kill a vicious murderer because he/she was 17 at the time of the murder because they have a "lack of maturity" and an "underdeveloped sense of responsibility" but it is just fine for a 12 year old girl to walk into an abortion clinic and get an abortion without her parent's permission or even knowledge? And it is okay to kill the most innocent of us all without so much as even a hearing?"
that's right, these clowns in the black robes evidently never took "logic" in school! LOL
You've got that one right, friend. When I can, I will.
Semper Fi!
TC
No it does not. Clearly.
The law only views being alive as having left the womb and breathing. (one independent breath)
In the womb and the fetus is "disposable" as a matter of law regardless of viability.
If the pro-life groups would smart, they would push for a compromise point of "viability".
I know that, that's why I put "besides Rehnquist".
Shakespeare wrote that if you wanted to overthrow the governemnt you first had to kill all the lawyers. Only with ignorance of the rights under the law coupled with the absence of a core of people to defend those rights could you ever hope to overthrow the king.
Its a common misperception.
What is needed is more public education and REGISTERED VOTERS.
The adoption of UNreatified international treaties by the judges up for nomination should be a litmust test question.
(specter is totally incompetent in this regard)
Marshal retired just before his death because the thought the court would never go liberal again. The leftist and (oConnor) hang on because they want to "hold the space" for some ideological reason.
Besides, it is a very cool job. (the ulimate black robe fever position)
They're not under aged whne they're executed. Look for the gangs to recruit sixteen and seventeen year olds for their hits now. Some teens may try the freelance route, to get jobs.
This is nothing more than a concession to Europe.
Final paragraph:
"The Democrats' standard complaint is that nominees are out of the jurisprudential "mainstream." If Kennedy represents the mainstream, it is time to change the shape of the river. His opinion is an intellectual train wreck, but useful as a timely warning about what happens when judicial offices are filled with injudicious people."
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