There was no reason at all for the federal judiciary to be involved with this case. This was a State crime, and he was tried and convicted by a jury of his peers.
If the State of Arizona wanted to hang him with a rope, that should have been fine as well. There are currently 133 inmates on Arizona’s death row. Most of them should have been executed within weeks of their conviction.
But if whimsical federal judges have their say, none of them will ever be given their fair and just punishment. This worthless worm’s case made it to the Supreme Court of the United States, which, with one of its spiffy 5-4 decisions, ruled that the appeal was stupid.
Had just one more justice been a liberal, he would have still been alive. And it wouldn’t have mattered why, because any excuse would have sufficed. And this is just wrong.
It is a great reason for the creation of a “Second Court of the United States”, composed of 100 State judges, appointed by State legislatures. It would stand as a buffer between the circuit courts and the Supreme Court.
Its purpose would be to examine the some 8,000 cases appealed to the Supreme Court every year, to determine if these cases were within federal authority *at all*, or whether they should be returned to the State court of origin for decision.
This would put an end to activist federal judges. This would strip whimsical federal judges of their ability to horn in to State trials where there is no federal issue, though they would claim there was one.
If such a court was created, if Arizona wanted to hang, it could hang, if enough other States said hanging was not cruel or unusual. If a federal judge put a stay on an execution, it could be brought immediately to the 2nd court, where they would likely say “nonsense”, and lift the stay.
And death rows among the States that execute, would have lots of occupancy.
Would they need to use OSHA-approved rope?
Just continuing the original joke. Honestly, you can't write jokes that are as funny as reality is sometimes.