"My feeling is that it's constitutional"
If it were not, why would the 14th amendment state very clearly, "nor shall any State deprive any person of LIFE, liberty, or property, without due process of law"?
Emphasis on LIFE added by me.
I am far less interested in judges "feelings" than in their interpretations of the constitution.
I agree I am currently trying to find a way to post the entire opinion on FR, it really gives you an eye into his decision and frankly well ... I will let others decide for themselves ....
FMC
http://www.ce9.uscourts.gov/ca9/Documents.nsf/54dbe3fb372dcb6c88256ce50065fcb8/e0489b00c2cb5906882571190006a91e/$FILE/en%20banc%20final.pdf
We know that democrats run on feelings, the constitution be damned. Why oh why dont some criminals murder some judges families if they must murder at all? Oh wait, we had that in Chicago last year if I recall and guess what? The entire federal govt was put on alert in order to catch and convict the miscreant. Yes, all animals are equal in this judges eyes, but some are more equal too.