Today’s Opinions
The Court issued opinions today in the following two cases:
Nos. 02-1472 and 03-853, Cherokee Nation v. Levitt, unanimously reversing and remanding a case from the Tenth Circuit and affirming and remanding a case from the Federal Circuit, per Justice Breyer. Justice Scalia concurred in all but a legislative history passage. The Chief Justice did not participate.
No. 03-633, Roper v. Simmons, affirmed 5-4, in an opinion written by Justice Kennedy. Justice Stevens filed a concurrence, joined by Justice Ginsburg. Justice O’Connor dissented. Justice Scalia dissented, joined by the Chief Justice and Justice Thomas.
Entirely predictable
Kennedy also, again, wrote a majority opinion overturning recent precedent. Lawrence overturned the 1986 decision in Bowers v. Georgia. Roper overturns the court’s 1989 decision in Stanford v. Kentucky.
In other words, if we’re liberalizing U.S. l…
Comment by Vote for Judges — March 1, 2005 @ 2:46 pm
The posted versions of Justice Scalia’s dissenting opinion seem to contain no conclusion (e.g., “I respectfully dissent”). Is it possible that these posted versions are incomplete?
Comment by Brian — March 1, 2005 @ 4:54 pm
I don’t think he was feeling too respectful. And note that he did at least say “I dissent” early on. My understanding is that leaving out the “respectfully” is never an accident in cases like this.
Comment by Milbarge — March 2, 2005 @ 12:37 am
A Foolish Inconsistency?
I cannot identify the principle which would suggest it is abhorent for the Supremes to federalize death penalty law, but acceptable to federalize state property law.
Comment by Muni Lawyer — March 2, 2005 @ 12:12 pm