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 ...
"term limits for the supremes"
ABSOLUTELY! When these people start using "international law" instead of the CONSTITUTION OF THE UNITED STATES OF AMERICA - they need to be replaced.
I've probably told this story over the years here, but it's apropos now. The death penalty IS A DETERRENT. Years ago, when I was 16, I had an opportunity to spend a month with the notorious bank robber, Willie Sutton (My dad was writing his autobiography and he was staying in our home). As odd as it sounds, we became pretty friendly. I asked him (I guess as only teenagers would have the nerve to do) why he never killed anyone. He said, and I'll never forget, "because I knew that if I killed someone, I'd be killed." The most honest answer I think I've ever gotten in my life. Of course it won't stop most murders, but the type of murder where someone robs a convenience store, or bank and then turns around and murders the clerk because he/she is the witness...that's what we're talking about. So whenever I hear that it's not a deterrent, I think back to my friend, Willie Sutton, and I think I think I know better than any pundit about this issue.
George Will giving Kennedy some of the comeuppance he so richly deserves.
It is death to anyone over 18 who commits murder, but someone who is one day short of his 18th birthday skates.
"Is there any chance that a justice besides Rehnquist would be leaving the bench in the next 4 years?"
There will be at least 2 more.
Are you sure? Who are they and what makes you think they'll be out before the end of Bush's term?
Great article and thanks for posting it!
rehnquist will go and ruth ginsberg is not all too healthy... but the surprise opening will be stephens... his heart isn't in it anymore... he will appear on american idol... and win!
teeman
.
"Who are they and what makes you think they'll be out before the end of Bush's term?"
Stevens (very old), Ginsburg (health), O'Connor (serious cancer)
"Such executions, it said, violate the Eighth Amendment proscription of "cruel and unusual" punishments because."
Darn, why does Kennedy not get it?
These teen killers are 'cruel and unusual' in and of themselves.
What neighborhood does he dwell in, with whom does the Justice associate?
He needs to climb out of his bunker and live among the living.
Pompous as*hole!
Thanks, Hildy.
Great insight I would never have known.
I recall how frightened Ted Bundy was.
LOL -- he was pleading and trying to
make deals right up to the last minute.
I wish he could have been fried twice.
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