Anthony Kennedy v. Common Sense

Not only were Justice Kennedy, and his comrade justices of the left, wrong about the law in the child rape, death penalty case, Kennedy v. Louisiana, but they were also wrong on the facts. In today’s New York Times at:

http://www.nytimes.com/2008/07/02/washington/02scotus.html?_r=1&ref=us&oref=slogin

Linda Greenhouse reports that the “inventory of jurisdictions” upon which Justice Kennedy built his opinion was incomplete. In comparing the jurisdictions in which the death penalty was permitted for this crime, Kennedy, and his four comrades made a special point to note that there is no death penalty for such a crime under any “jurisdiction of the federal government either.”

Wrong. As Greenhouse reports, just two years ago “Congress, in fact, revised the sex crimes section of the Uniform Code of Military Justice in 2006 to add child rape to the military death penalty.”

The “Five Amigos”, as usual, most likely had made up their mind about the case prior to reading the briefs, prior to the oral argument, and prior to writing the opinions, based upon their eventual liberal objective of completely disemboweling capital punishment. However, in his occasional attempt to “appear” fair and even-handed, Kennedy certainly hitched his opinion wagon to the so-called “inventory of jurisdictions”.

So once again, the left wingers, who dominate the legal system, ignore the law and move with their feelings. There is nothing in the Constitution that states that punishment must be “proportional” to a crime. Further, there is nothing in the Constitution that suggests that the Supreme Court should guess how many people in the country support one position or another, nor what constitutes “evolving standards of decency.” That crap was invented by the leftists.

Here, the majority of SCOTUS, which does not reflect the majority of the citizens of the United States, has again run amok. Kennedy, the self-appointed Emperor, has made any number of errors in deciding this case and in his written opinion. Whether or not there is even one other State that has passed legislation, allowing the imposition of the death penalty for child rape, is not relevant. The simple point is that, the absence of such sanctioned penalties, could just as easily be explained by any number of other reasons, e.g. the fact that many State governments do not have the courage (or budgets) to allow the ACLU types to litigate them into the next century.

The bottom line is that SCOTUS did not declare this penalty to be “cruel and unusual.” They have once again simply decided that the citizens of a State, the voters of a State, the legally elected representatives of a State, and the Executive head of a State, all acting in concert, do not have any rights. No – it is the politically appointed (for life) liberal side of the Court system that has all of the rights and powers to tell us what to think and what to do. These leftist mullahs have prostituted the Constitution to their own use and power. They have destroyed the separate but equal aspect of our Constitution. They have earned the right to be described with new terminology. They have created a Judiciocracy.