More on New Challenge to Roper
Lyle’s post on Alabama v. Adams, in which the state of Alabama urges the Court to reconsider its 2005 decision in Roper v. Simmons, has touched off a lively debate in the comments. One interesting aspect of the cert. petition itself is that the state is represented at the Court by Alabama Attorney General Troy King and Chief Deputy Attorney General Keith Miller (who serves as counsel of record). Alabama Solicitor General Kevin Newsom, who has argued at the Court and appears frequently on briefs filed there, does not appear on the petition.
The revulsion shared by those who agree with the High Court taking from the states a right preusmed to have been within their cognizable and legitimate reach for nearly our entire nation’s history is certainly of greater magnitude than the glee of those who cherich the decision as on based in morality and goodness.
I remember my personal discomfort with the decision, primarily due to the overwhelming injection (pun intended) of international opinion into the dictum.
If, as Justice Scalia rightly points out, persons 7 and older were presumed capable of being given capital punishment, one would expect the law of Capital Punishment, would were it to have changed, to reflect that with near unanimity.
While the trend is toward the age of 18, the courts absolutist position not only is out of touch with contemporary jurisprudence in its very opinions, but takes from the states a determination wholly theirs to make.
Shame on the Roper 5… Anyone want reason to disbelieve in the wisdom of such a decision should read the facts of the case which seeks a grant of cert for a reversal of Roper..(included in the previous Roper post)
Comment by timnino — April 21, 2006 @ 8:39 pm
Asking the Court to overrule a recent 5-4 decision is of a piece with the politicization of the process of appointing justices. Putting these highly charged close decisions in play after a change of personnel is the natural outcome of the way the nominations and confirmations are now viewed by the country. Like love and marriage, you can’t have one without the other.
Comment by rodgerlodger — April 22, 2006 @ 12:55 pm
The funny thing though is that the 5 who were in the majority are all still on the court. Even if CJ. Roberts and J. Alito vote as expected (that is in favor of Alabama), it would not change the result of the case.
Comment by ggulaw1L — April 25, 2006 @ 1:52 pm