Comments on: More on New Challenge to Roper

By: ggulaw1L

ggulaw1L — Tue, 25 Apr 2006 17:52:06 +0000

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.

By: rodgerlodger

rodgerlodger — Sat, 22 Apr 2006 16:55:49 +0000

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.

By: timnino

timnino — Sat, 22 Apr 2006 00:39:17 +0000

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)