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To: Non-Sequitur
No, because, once again, I actually read the decision.

I've read the decision and the dissents several times and because I have I know just how much balogna you are trying to pass off as roast beef.

And what everyone is ignoring the fact that in their ruling, the Supreme Court upheld the decision of the Missouri Supreme Court that executing Simmons was cruel and unusual.

And what you're ignoring, or purposely withholding, is the fact that the Missouri court based it's holding on Atkins, you guessed it, another law made by SCOTUS while the Simmons case was being litigated.

How can the Supreme Court be accused of making laws when it is upholding a lower court ruling?

Not only is the SCOTUS making law, so did the Missouri Supreme Court. Missori legislatore, duly elected by the people of Missouri, had laws on their books. The Missori judges, using SCOTUS' erroneous reasoning in Atkins, found a way to negate those laws and then the same SCOTUS upheld the Missouri courts relaince on, you guessed it, SCOTUS.

Most states in this country (60%)have already determined that offenders under 18 should not be executed.

I'm pretty good with numbers so I can make them dance every bit as good as you. 37 states have the death penalty, that would be the sample we are working with. Of those, 18 states have the legislating against the death penalty for people under 18. But that means 19, a majority, do not have laws prohibitng same. IOW's, SCOTUS' claim that there is a consensus is a damn lie.

AS for the rest of your "analysis", states make all the laws you cited. That is the power assigned to them by the Constitution, as is who getss the death penalty.

102 posted on 03/16/2005 4:13:40 PM PST by jwalsh07
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To: jwalsh07
I'm pretty good with numbers

But admittedly, a terrible typist.

104 posted on 03/16/2005 4:17:13 PM PST by jwalsh07
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To: jwalsh07
The Missori judges, using SCOTUS' erroneous reasoning in Atkins, found a way to negate those laws and then the same SCOTUS upheld the Missouri courts relaince on, you guessed it, SCOTUS.

The Supreme Court decision was erroneous because you said it was. Well, glad we got that straightened out. </sarcasm>

108 posted on 03/16/2005 5:07:08 PM PST by Non-Sequitur
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