The “Gang of Nine” must have some pretty sorry law clerks working for them right now.
I find it very suprising that nobody ever pointed this out (or aparently was aware of it) during the entirety of the preceedings. Despite the meaningful error though, I’d say there a 3-4 % chance that someone in the majority would flip and vote to reconsider.
“This inventory of jurisdictions was a central part of the courts analysis, the foundation for Justice Anthony M. Kennedys conclusion in his majority opinion that capital punishment for child rape was contrary to the evolving standards of decency by which the court judges how the death penalty is applied.
One minor typo in the above.
“..capital punishment for child rape was contrary to the DEvolving standards of decency.
That fixes it.
But facts don’t matter to absolute rulers.
Yes, well Stevens seems to think Miller's conviction was upheld (never mind that the bottom like on U.S. v. Miller is "REVERSED AND REMANDED".
BTW, I thought the pro-RKBA briefs talked about the Miller case. Did Stevens et al. even read them?