Law, culture, and Catholicism...up in smoke!
Wednesday, June 25, 2008
Kennedy Strikes Down Louisiana Child Rape Statute
Regardless of what you think about the morality or prudence of death penalty for child rapists, Kennedy's opinion is pathetic. It has no sound legal basis and rests entirely on Kennedy et al.'s personal views of what are "evolving standards of decency." Alito completely demolishes Kennedy in the dissent (though in a very restrained and respectful manner). Alito even points out that Kennedy's evidence of "evolving standards" aren't tending towards abolishment of the death penalty for child rape, but may be tending in the opposite direction.
Yes, Kennedy is, by far, my least favorite justice.
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