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Scalia on Capital Punishment of Minors (Roper v. Simmons)
In the Agora has some interesting observations and links regarding the Supreme Court decision yesterday to declare unconsitutional the capital punishment of minors (and in the process, overturned 19 state laws).
Vote for Judges notes the international element in the decision:
And the opinion, relying heavily on international — not constitutional — norms, was written by Justice Kennedy of all people. Kennedy raised eyebrows by citing international law in his majority opinion last year in Lawrence v. Texas. In this case, Roper v. Simmons, he again spends a couple of pages wringing his hands over the world’s view of us.
PoliBlog says, in part:
My initial reaction to the headline about the juvenile death penalty was fairly ho-hum, insofar as I found it to hardly be a shock, and at first blush there is distaste to be associated with executing juvenile offenders in the first place (even when they are deserving recipients of the penalty).
Still, a little thought on the subject, and some knowledge now of the opinion, and I must admit, Law Professor Stephen Bainbridge hits the problem on the head:
Once again, nine old men and women in robes have elevated themselves into a super-legislature in which they have exercised privileges they deny to our elected representatives.
Like it or not: there really is no constitutional basis for barring the various states from making their own laws on this subject. So, really, what we have here, is the idea that five individuals can supplant the opinions of the citizens of nineteen states with their own for no other reason than (ultimately) that they object to the practice.
New World Man quotes Baseball Crank with this (and has a roundup of other quotes):
On its face, this may sound like the typical stuff of Supreme Court decisions. It is not. In fact, the Court has, at least as far as the death penalty is concerned, abolished the traditional mechanism for constitutional amendments by act of state legislatures embodied in Article V.
Ex Post has more.
UPDATE: Professor Bainbridge has some thoughts as well:
I’m increasingly opposed to the death penalty on both pragmatic and moral grounds, but I nevertheless found much to agree with in Justice Antonin Scalia’s scathing dissent from the Supreme Court’s 5-4 decision striking down the death penalty for offenses committed by juveniles (text of opinion):
http://myopiczeal.blogsome.com/2005/03/02/scalia-on-capital-punishment-of-minors-roper-v-simmons/trackback/
rch 3, 2005
Ramifications of SCOTUS Considering International Law
As we noted yesterday, the Supreme Court has been inc […]
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A challenge to social conservatives who are upset by the Supreme Court ruling on executing minors
A lot of conservatives seem to be upset by the Supreme Court’s ruling that minors cannot be executed, and so it has me wondering about something. Most conservatives agree with Robert Locke’s diseased rant about libertarians when he makes this…
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