Comments on: Today’s Transcripts http://www.scotusblog.com/wp/todays-transcripts-22/ The Supreme Court of the United States blog Thu, 26 Jun 2008 21:56:34 -0700 http://wordpress.org/?v=2.8.5 hourly 1 By: Stephen Jaros http://www.scotusblog.com/wp/todays-transcripts-22/comment-page-1/#comment-12555 Stephen Jaros Wed, 31 Oct 2007 00:28:03 +0000 http://www.scotusblog.com/wp/uncategorized/todays-transcripts-22/#comment-12555 The Supreme Court spends far too much of its time on DP cases. Slowly but surely, the court, by insisting on making a "federal case" about every aspect of the DP, and thus micro-managing every aspect of DP, from what kind of people can be executed (no 17 yr olds, no retarded, etc.) to what methods can be used, to what long drawn-out appeals are required, is moving towards a brennan-marshall position in which, at the end of the day, the court will just ban it outright on the grounds that it is impossible for the DP to run the gauntlet of all the required procedural scrutiny. of course 95% of this scrutiny is manufactured by the court itself, not actually mandated by the constitution the framers enacted. The Supreme Court spends far too much of its time on DP cases. Slowly but surely, the court, by insisting on making a “federal case” about every aspect of the DP, and thus micro-managing every aspect of DP, from what kind of people can be executed (no 17 yr olds, no retarded, etc.) to what methods can be used, to what long drawn-out appeals are required, is moving towards a brennan-marshall position in which, at the end of the day, the court will just ban it outright on the grounds that it is impossible for the DP to run the gauntlet of all the required procedural scrutiny.

of course 95% of this scrutiny is manufactured by the court itself, not actually mandated by the constitution the framers enacted.

]]> By: Jacob Berlove http://www.scotusblog.com/wp/todays-transcripts-22/comment-page-1/#comment-12553 Jacob Berlove Tue, 30 Oct 2007 23:52:17 +0000 http://www.scotusblog.com/wp/uncategorized/todays-transcripts-22/#comment-12553 Today's <i>Logan</i> oral arguments have largely been ignored in the media due to the far more interesting case in <i>Williams</i>. I just want to note here that it is clear that the government in Logan has prevailed, and the vote will almost certainly be unanimous, and the opinion for the court as well- as long as the author can find language that will appeal to both Justices Stevens and Scalia. Today’s Logan oral arguments have largely been ignored in the media due to the far more interesting case in Williams. I just want to note here that it is clear that the government in Logan has prevailed, and the vote will almost certainly be unanimous, and the opinion for the court as well- as long as the author can find language that will appeal to both Justices Stevens and Scalia.

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