I HATE this Supreme Court.

noraleah:

And I do not use that term lightly.

Did you read the NYT article? I get the sense that the Constitutionality of the death penalty will be overturned within the next 10 years. Here is why:

[T]he deliberations were not easy, if the number of opinions is any indicator. Although seven members concurred in the judgment of the court, only Justices Kennedy and Alito (who filed a concurring opinion of his own) joined Chief Justice Roberts’s opinion. Justices Scalia and Thomas joined each other’s concurring opinions.

Perhaps most interestingly, Justice Stevens filed an opinion concurring in the judgment of the court, but turning against capital punishment itself. Indeed, he asserted that recent decisions by state legislatures, Congress and the Supreme Court itself to preserve the death penalty “are the product of habit and inattention rather than an acceptable deliberative process that weighs the costs and risks” of the ultimate punishment.

Justice Stevens noted that in the 1976 decision in which the Supreme Court upheld the constitutionality of capital punishment, Gregg v. Georgia, the court declared that “three societal purposes” justified the death penalty: “incapacitation, deterrence and retribution”… “[E]ach of these rationales has been called into question.”

Coming from Justice Stevens, those words were especially significant. The justice (who will turn 88 on Sunday) was one of the seven justices who voted in 1976 to uphold capital punishment.

Notes

  1. mattlehrer reblogged this from noraleah and added:
    Did you read the NYT article?...the Constitutionality of the death penalty will be...
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