Ace of Spades HQ

July 21, 2008

Louisiana Files for Rehearing in Kennedy v. Louisiana
— Gabriel Malor

It would take a majority vote for the Supreme Court to reconsider the case which blatantly misconstrued public opinion about the death penalty for child rapists and which failed to discover a federal law imposing such a penalty. It is extremely rare for the Court to do so. Louisiana's petition is here (PDF).

We discussed the likelihood of a rehearing a few weeks ago. I continue to believe that the justices need to grant this petition---even if they know they're going to come to the same decision---if only to straighten out the horrendous reasoning in the majority opinion. Justice Kennedy's claims about "national consensus" and "the Court's own judgment" make a farce out of our entire system of justice. Even if he's too set in his thinking to overturn such ridiculous Eighth Amendment standards, certainly he can do a more credible job supporting his conclusions.

Since the case was handed down, there have been a few public opinion polls on the subject. This one is noteworthy because it shows majority public support for a harsher penalty than the one the Court invalidated.

The Supreme Court has recently ruled that a mandatory death penalty for child rape is unconstitutional. Do you favor or oppose the death penalty for persons convicted of child rape?
Favor: 55 percent
Oppose: 38 percent
DK/NO: 7 percent

I would have preferred that they have stated the law correctly (hint: no crimes are punishable by mandatory death sentences in this country and Louisiana's statute sure didn't create one), but it is telling that even with the overstatement a clear majority support the death penalty for child rape. If you're interested, the poll also has numbers on same-sex marriage, abortion, the Supreme Court in general, and Chief Justice Roberts in particular.

Posted by: Gabriel Malor at 03:04 PM | Comments (21)
Post contains 309 words, total size 2 kb.

1 Don't give up hope, I might wake up on the other side of the bed next time.

Posted by: Emperor Anthony Kennedy at July 21, 2008 03:08 PM (hlYel)

2 We discussed the likelihood of a rehearing a few weeks ago.

What you mean "WE" white man?

Posted by: JavaJoe at July 21, 2008 03:11 PM (Am6n/)

3 Even if he's too set in his thinking to overturn such ridiculous Eighth Amendment standards, certainly he can do a more credible job supporting his conclusions. I always thought "too set in his thinking" meant that he couldn't support his conclusions with actual thought, just prejudice. He may not have anything better than what he has shown already. I think he is comfortable with the "lower courts need to read my mind" concept.

Posted by: Potosi Joel at July 21, 2008 03:11 PM (TPRbZ)

4 Many of the court's previous decisions such as against interracial marriage and school segregation were even more unpopular when given. Social conservatives learned to live with these also.

Posted by: John Ryan at July 21, 2008 03:49 PM (TcoRJ)

5 John Ryan, in neither case you mention did the Court's reasoning explicitly turn on the public's determination of proper law. Nor did those cases unintentionally invalidate laws that the Court didn't even consider because they were omitted.

This case is different because Justice Kennedy rested his holding on "national consensus." It's not too much to ask that his consensus actually exist outside of his imaginings.

Posted by: Gabriel Malor at July 21, 2008 04:13 PM (1Ug6U)

Wow John Ryan, it must make life a lot easier living in a world where the ends justify the means. I guess the idea of living in a Republic, where we the people can decide laws for ourselves, and not a Judicial Oligarchy, where those smarter and better than us can impose the laws we need on us plebes.

Posted by: TJ at July 21, 2008 04:13 PM (zwLIa)

7
Maybe Anthony Kennedy was just... uh... "confused". Yeah. "Confused".

Isn't that what all the hip kids are saying about McCain these days? Kennedy has to be about that old, isn't he?

Posted by: The Chewbacca Defense at July 21, 2008 05:13 PM (9zMOM)

8 John Ryan...I like the cut of your jib sir.

These proles will learn to accept that some of us just know what's better for them than they did. Once they accept the wisdom of their betters, they'll quiet down.

The future belongs to men like you and me. Men who understand that representative democracy was a good idea at one time but those days have passed.

Posted by: Emperor Anthony Kennedy at July 21, 2008 05:15 PM (hlYel)

9 Gabe, Drew,

Masterful smackdowns par excellance, but we really need to put the trolls on a diet. They've gotten pudgy and stupid. They're not even able to pull themselves up to the kiddie table anymore. They just roll around on the floor punching themselves in the mouth feigning the act of eating. It's sad really.

Posted by: adamthemad at July 21, 2008 05:54 PM (VCQYg)

10 The petition for rehearing credits CAAFlog as the source of Lousiana's learning about the UCMJ provisions after the original decision. Score another one for the new media.

Posted by: Andy at July 21, 2008 08:18 PM (23Gys)

11 For those keeping score, John Ryan tired to equate Brown (a 9-0 righting of a great societal wrong) with this flawed, factually incorrect 5-4 POS.

I am unworthy, because my frontal lobe would be leaking out of my navel under the stress of the G's generated from such blatant intellectual dishonesty.

Posted by: Circa (Insert Year Here) at July 21, 2008 08:57 PM (XsrOH)

12 Our Loooosiana gov't is corrupt as heck, but sometimes it works out well. If the Supreme Court tells us we can't execute child molesters, our State gov't will just find another way to do it while no one's looking. They're sneaky like a fox. A sneaky fox!

I imagine a scenario like this: "While transporting the prisoner to prison, he accidentally fell into the Gulf of Mexico and died."

Posted by: Kevin at July 21, 2008 10:44 PM (OEF4E)

If you're interested, the poll also has numbers on same-sex marriage, abortion, the Supreme Court in general, and Chief Justice Roberts in particular.

You might also be interested in the only poll the matters: The poll of my opinion. And surprise! 100% of those polled support outlawing mandatory child rape death penalties. Margin of error is 0%.

Now go fetch me a juice box.

Posted by: Justice Anthony Kennedy at July 21, 2008 11:10 PM (IA6vT)

Bah once the supreme court has said it its the fact of the land and shall not be changed.

Next thing you know poeple will start claiming Dredd Scott was an actual man...

Posted by: Sen Sheets Byrd at July 22, 2008 12:57 AM (/MmhG)

15 I think the state should fry the SOB and give the court the middle digit. It's a clear case of states rights & will of the people being trampled by the court.

Posted by: gdonovan at July 22, 2008 03:19 AM (4kJ2L)

The Thunder Run has linked to this post in the - Web Reconnaissance for 07/22/2008 A short recon of whats out there that might draw your attention, updated throughout the day...so check back often.

http://thunderrun.blogspot.com/2008/07/web-reconnaissance-for-07222008.html

Posted by: David M at July 22, 2008 08:11 AM (gIAM9)

"hint: no crimes are punishable by mandatory death sentences in this country and Louisiana's statute sure didn't create one"

Actually, that's incorrect. There is one crime for which there is a mandatory death penalty-Spying. Treason? No. Espionage? No. But Spying? Yep.

10 USC 906: Any person who in time of war is found lurking as a spy or acting
as a spy in or about any place, vessel, or aircraft, within the control or jurisdiction of any of the armed forces, or in or about any shipyard, any manufacturing or industrial plant, or any other place or institution engaged in work in aid of the prosecution of the war by the United States, or elsewhere, shall be tried by a general court-martial or by a military commission and on conviction shall be punished by death. This section does not apply to a military commission established under chapter 47A of this title.

Note, too, that it applies to anyone, not just to those who are normally under courts-martial jurisdiction. Hasn't been used since WWII, but there it is...

Posted by: MAJ Arkay at July 23, 2008 10:02 AM (iFIPs)

18 货架、货架

Posted by: Steel pallet" rel="nofollow">钢托盘 at March 07, 2009 04:32 AM (xEqmt)

19 随着我国物流业（货架）的快速发展，整个华东地区物流业托盘的发展也正以物流服务塑料托盘提升到较国内其他地区更高的地位而推进。重视具有提升区域物流托盘效率功能的专业化和标准化物流塑料托盘基础设施建设，打造整体物仓储笼流服务平台。南京海佩货架公司将积极推行物流仓储笼业标准化战略，建立健全仓储物流铁托盘服务标准化体系，加快推进物流铁托盘装备设施、信息系统、经营管理、服务提供等的标准化，打造最先进的仓储设备交易数码港，争取成为国内物流业标准化建设的典范。近年来，我国物流业发展迅速，物流塑料托盘业增加值持续上升，已成为推动国家经济持续发展的重点产业。与此同时，物流仓储笼业面临运输和仓储钢托盘成本高昂、产业形态相互割裂等问题，亟需推行标准化战略，以降低成本，提高效率提升服务质量，满足产业提档升级的需要。” 南京海佩货架公司是对物流钢托盘标准化比较重视的公司之一，实施标准化的速度也块。在标准体系研究中注重与很多仓储笼公司进行合作，将重点放在标准的国际通用型上。目前，海佩已经提出了包括物流铁托盘模数体系、集装箱的基本尺寸、物流钢托盘用语、物流仓储笼设施的设备基准、输送用包装塑料托盘的系列尺术、包装用语、钢托盘大型集装箱、塑料托盘用箱、平托盘、仓储笼，卡车车厢内壁尺寸，铁托盘等。

Posted by: 南京塑料托盘 at September 27, 2009 01:27 AM (gvzHw)

20 This is a really good read for me, is to admit that you are one of the best blogger I ever saw.Thanks publication of this informative article.
celebrity hair transplant

Posted by: Katherine Rich at August 12, 2011 05:38 AM (4rQ2c)

Hide Comments | Add Comment