Supreme Court won't review child rape ruling despite gaffe — Justice Scalia furious

[JonLP24]

Source: Chicago Sun Times

Less than a week before its October term is set to begin, the US Supreme Court became a spectacle of sound and fury on Wednesday over a landmark decision handed down three months ago declaring that the death penalty for child rapists is cruel and unusual punishment.

At issue was whether the high court would revisit the landmark 5-to-4 decision after revelations last summer that contradicted the majority justices’ conclusion that a ‘‘national consensus’’ had emerged against the death penalty for the rape of a child. The June 25 decision said only six states had laws authorizing capital punishment for child rape.

But unknown to the justices at the time they wrote the opinion, Congress in 2006 had amended the nation’s military law to authorize capital punishment in such cases for child rapists. In 2007, President Bush issued an executive order concurring with the congressional action.

These actions were not discussed in the case briefs to the high court or at oral argument.



Read more: http://www.suntimes.com/news/nation/1198800,scotus100208.article

[rucky]

1. I guess Sarah Palin's okay with that decision, though.

[rzemanfl]

2. That may be malpractice, but it is no reason for the court to

revisit the issue.

[jberryhill]

8. Concur - if it wasn't briefed by the parties, that's their problem, not the court /nt

[rzemanfl]

10. My license has been inactive for quite a while, but you and I

should be on the Supreme Court.

[aquart]

3. Hmmmm. Anything that pisses off Scalia....

Of course, putting a child rapist in the general prison population could be considered cruel and unusual punishment, but do we really mind that sort of thing these days?

[pattmarty]

4. With ALL THEIR STAFF, they didn't know this? That is truly bullshit!!!!

[jberryhill]

11. It's not actually their job to go find things out

They make it their job in evaluating the briefs filed by the parties, but it's up to the parties to file competent briefs.

[Winterblues]

5. So if an eighteen year old screws his sixteen year old girlfriend he should be put to death?

I suppose they are just saying this is the max and not mandatory but still.....

[iandhr]

7. I believe that...

... the LA statue authorized the death penalty for a child under 12 years old.

[E-Z-B]

6. Why hasn't Scalia been excommunicated yet for supporting the death penalty?

[iandhr]

9. I think I saw a poll...

that said a majority of American Catholics support choice and support the death penalty. A dis lamer I am not Catholic. But I herd that some not all priest might refuse to give communion to a pro-choice politician but they would not do excommunication. I believe this is the case but by all means correct me if I am wrong.