| Topic: |
Religions > Atheism |
| User: |
"David W. Barnes" |
| Date: |
01 Mar 2005 09:32:42 AM |
| Object: |
USSC Goes Left |
Just out today:
http://www.cnn.com/2005/LAW/03/01/scotus.death.penalty.ap/index.html
What surprises me is how 19 states could have allowed this sort of
thing. The cruelty of conservatives never ceases to amaze me.
"It was the second major defeat at the high court in three years for
supporters of the death penalty. Justices in 2002 banned the execution
of the mentally retarded, also citing the Constitution's Eighth
Amendment ban on cruel and unusual punishments."
Still, four justices voted to continue killing those who were children
when they committed their crimes. A haven' read who the four
dissenting opinions were, the story is just breaking, but I'd bet it is
the conservatives."
"Pro-life" my *****.
And on a not so related story,
http://www.cnn.com/2005/US/02/28/bodies.found/index.html
The Right continues their attempts to terrorize "liberal" judges.
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| User: "Johnny" |
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| Title: Re: USSC Goes Left |
01 Mar 2005 09:45:26 AM |
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Anti-life are the justices who voted NOT to execute murderers.
Any person who is for sparing the life of murderers is anti-life.
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| User: "Patrick Lee Humphrey" |
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| Title: Re: USSC Goes Left |
01 Mar 2005 10:21:34 AM |
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"Johnny" <wxpprofessional@msn.com> writes:
Anti-life are the justices who voted NOT to execute murderers.
Any person who is for sparing the life of murderers is anti-life.
Well, Whackjob Wentzky, I'm sure the Supremes will just do a 180 as soon as
you tell them your decision...
--
Patrick "The Chief Instigator" Humphrey (patrick@io.com) Houston, Texas
www.chiefinstigator.us.tt/aeros.php (TCI's 2004-05 Houston Aeros)
LAST GAME: Houston 3, San Antonio 2 (SO) (February 27)
NEXT GAME: Wednesday, March 2 vs. San Antonio, 7:05
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| User: "David W. Barnes" |
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| Title: Re: USSC Goes Left |
01 Mar 2005 09:55:54 AM |
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In article <320Vd.19871$Q47.14343@bignews5.bellsouth.net>, Johnny
<wxpprofessional@msn.com> wrote:
Anti-life are the justices who voted NOT to execute murderers.
Any person who is for sparing the life of murderers is anti-life.
Right wing "logic."
You goofs are the most hateful and hypocritical bunch I can imagine.
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| User: "" |
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| Title: Re: USSC Goes Left |
01 Mar 2005 11:03:14 AM |
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but at the same time the left wing logic is its ok to kill the unborn.
More unborn children were murdered than
murderers on death row.
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| User: "Frank Dwyer" |
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| Title: Re: USSC Goes Left |
01 Mar 2005 11:08:25 AM |
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wrote:
but at the same time the left wing logic is its ok to kill the unborn.
More unborn children were murdered than
murderers on death row.
Is murder illegal in your world?
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| User: "David W. Barnes" |
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| Title: Re: USSC Goes Left |
01 Mar 2005 10:45:15 PM |
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In article <1109696594.574100.222960@g14g2000cwa.googlegroups.com>,
<darth_sidious70@yahoo.com> wrote:
but at the same time the left wing logic is its ok to kill the unborn.
More unborn children were murdered than
murderers on death row.
No unborn were murdered. If they had been the murderers would be in
prison.
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| User: "Attila" |
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| Title: Re: USSC Goes Left |
01 Mar 2005 01:38:58 PM |
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On 1 Mar 2005 09:03:14 -0800, in
alt.abortion with message-id
<1109696594.574100.222960@g14g2000cwa.googlegroups.com> wrote:
but at the same time the left wing logic is its ok to kill the unborn.
More unborn children were murdered than
murderers on death row.
Abortion is not murder and there are no 'unborn children' The term is
meaningless.
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| User: "Paul Duca" |
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| Title: Re: USSC Goes Left |
01 Mar 2005 07:32:52 PM |
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in article 1109696594.574100.222960@g14g2000cwa.googlegroups.com,
at wrote on 3/1/05 12:03
PM:
but at the same time the left wing logic is its ok to kill the unborn.
More unborn children were murdered than
murderers on death row.
So don't let us catch you cheering an execution...
Paul
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| User: "David W. Barnes" |
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| Title: Re: USSC Goes Left |
01 Mar 2005 10:45:15 PM |
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In article <BE4A81F4.F02D%p.duca@comcast.net>, Paul Duca
<p.duca@comcast.net> wrote:
in article 1109696594.574100.222960@g14g2000cwa.googlegroups.com,
at wrote on 3/1/05 12:03
PM:
but at the same time the left wing logic is its ok to kill the unborn.
More unborn children were murdered than
murderers on death row.
So don't let us catch you cheering an execution...
LOL! They are always there.
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| User: "" |
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| Title: Re: USSC Goes Left |
01 Mar 2005 12:44:37 PM |
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David W. Barnes wrote:
[.snip.[
Still, four justices voted to continue killing those who were
children
when they committed their crimes. A haven' read who the four
dissenting opinions were, the story is just breaking, but I'd bet it
is
the conservatives."
I haven't read the opinions, just browsed them very briefly; there are
only two dissenting opinions: one by Justice O'Connor, in which nobody
joined; and one by Justice Scalia, joined by Justice Thomas and Chief
Justice Rehnquist. The Opinion for the Court was written by Justice
Kennedy, and seems to be based on the "evolving morality" argument
(that the Constitution must be read with respect to contemporary moral
values and not the moral values that existed at the time it was framed,
particularly with regard to the "cruel and unusual punishment" clause;
what is cruel and unusual changes over time as society changes).
Justice Stevens (joined by Justice Ginsburg) has a short one page
concurrence emphasizing this point.
You can always find the text almost as soon as they are released at the
Supreme Court's website,
www.supremecourtus.gov
and clicking on "Recent decisions" right above the picutre. The link
for the current term is
http://www.supremecourtus.gov/opinions/04slipopinion.html
Arturo Magidin, sans .sig
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| User: "David W. Barnes" |
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| Title: Re: USSC Goes Left |
01 Mar 2005 10:45:14 PM |
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In article <1109702677.401826.64000@l41g2000cwc.googlegroups.com>,
<"magidin@math.berkeley.edu"> wrote:
David W. Barnes wrote:
[.snip.[
Still, four justices voted to continue killing those who were
children
when they committed their crimes. A haven' read who the four
dissenting opinions were, the story is just breaking, but I'd bet it
is
the conservatives."
I haven't read the opinions, just browsed them very briefly; there are
only two dissenting opinions: one by Justice O'Connor, in which nobody
joined; and one by Justice Scalia, joined by Justice Thomas and Chief
Justice Rehnquist.
Those were dissenting written opinions. The four mentioned all
dissented.
The Opinion for the Court was written by Justice
Kennedy, and seems to be based on the "evolving morality" argument
(that the Constitution must be read with respect to contemporary moral
values and not the moral values that existed at the time it was framed,
particularly with regard to the "cruel and unusual punishment" clause;
what is cruel and unusual changes over time as society changes).
Justice Stevens (joined by Justice Ginsburg) has a short one page
concurrence emphasizing this point.
OK
You can always find the text almost as soon as they are released at the
Supreme Court's website,
www.supremecourtus.gov
and clicking on "Recent decisions" right above the picutre. The link
for the current term is
http://www.supremecourtus.gov/opinions/04slipopinion.html
Arturo Magidin, sans .sig
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| User: "" |
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| Title: Re: USSC Goes Left |
02 Mar 2005 08:49:53 AM |
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David W. Barnes wrote:
In article <1109702677.401826.64000@l41g2000cwc.googlegroups.com>,
<"magidin@math.berkeley.edu"> wrote:
David W. Barnes wrote:
[.snip.[
Still, four justices voted to continue killing those who were
children
when they committed their crimes. A haven' read who the four
dissenting opinions were, the story is just breaking, but I'd bet
it
is
the conservatives."
I haven't read the opinions, just browsed them very briefly; there
are
only two dissenting opinions: one by Justice O'Connor, in which
nobody
joined; and one by Justice Scalia, joined by Justice Thomas and
Chief
Justice Rehnquist.
Those were dissenting written opinions. The four mentioned all
dissented.
Yes. Sorry, it's just that "dissenting opinions" refers to written
opinions dissenting from the judgement of the court. To refer to the
people who voted opposite the decision, one talks about "the [four]
dissenters" or perhaps the "dissenting votes". "Opinion" refers to the
written explanation for the vote.
Arturo Magidin, sans .sig
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| User: "David W. Barnes" |
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| Title: Re: USSC Goes Left |
03 Mar 2005 10:50:25 PM |
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In article <1109774993.789958.201120@o13g2000cwo.googlegroups.com>,
<magidin@math.berkeley.edu> wrote:
David W. Barnes wrote:
In article <1109702677.401826.64000@l41g2000cwc.googlegroups.com>,
<"magidin@math.berkeley.edu"> wrote:
David W. Barnes wrote:
[.snip.[
Still, four justices voted to continue killing those who were
children
when they committed their crimes. A haven' read who the four
dissenting opinions were, the story is just breaking, but I'd bet
it
is
the conservatives."
I haven't read the opinions, just browsed them very briefly; there
are
only two dissenting opinions: one by Justice O'Connor, in which
nobody
joined; and one by Justice Scalia, joined by Justice Thomas and
Chief
Justice Rehnquist.
Those were dissenting written opinions. The four mentioned all
dissented.
Yes. Sorry, it's just that "dissenting opinions" refers to written
opinions dissenting from the judgement of the court.
Not necessarily. It can be a written opinion or simply the opinion.
To refer to the
people who voted opposite the decision, one talks about "the [four]
dissenters" or perhaps the "dissenting votes". "Opinion" refers to the
written explanation for the vote.
"written opinion" refers to a written opinion.
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| User: "" |
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| Title: Re: USSC Goes Left |
04 Mar 2005 10:14:13 AM |
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David W. Barnes wrote:
In article <1109774993.789958.201120@o13g2000cwo.googlegroups.com>,
<magidin@math.berkeley.edu> wrote:
[.snip.]
Yes. Sorry, it's just that "dissenting opinions" refers to written
opinions dissenting from the judgement of the court.
Not necessarily. It can be a written opinion or simply the opinion.
Huh?
In the context of the Supreme Court, "opinion" is a term of art and
refers to the written explanation for the decision. "The opinion for
the Court", "concurring opinion", "dissenting opinion", "opinion
concurring in part and dissenting in part".
To refer to the vote the justice cast without reference to a written
opinion, the term used is that: "dissenting vote" or "concurring vote",
or "joining in dissent", or even just "Justice X in dissent". One does
not speak of "the opinion of Justice X" to refer to his opinion on the
colloquial sense, because the term "opinion" is a term of art here.
To refer to the
people who voted opposite the decision, one talks about "the [four]
dissenters" or perhaps the "dissenting votes". "Opinion" refers to
the
written explanation for the vote.
"written opinion" refers to a written opinion.
I have never seen any discussion of Supreme Court decisions for which
"opinion" did NOT refer to the written record of the Court's decision.
Do you have some references where only "written opinion" is used, as
you seem to be claiming?
Arturo Magidin, sans .sig
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| User: "David W. Barnes" |
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| Title: Re: USSC Goes Left |
05 Mar 2005 12:31:02 AM |
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In article <1109952853.482115.65170@f14g2000cwb.googlegroups.com>,
<magidin@math.berkeley.edu> wrote:
David W. Barnes wrote:
In article <1109774993.789958.201120@o13g2000cwo.googlegroups.com>,
<magidin@math.berkeley.edu> wrote:
[.snip.]
Yes. Sorry, it's just that "dissenting opinions" refers to written
opinions dissenting from the judgement of the court.
Not necessarily. It can be a written opinion or simply the opinion.
Huh?
In the context of the Supreme Court, "opinion" is a term of art and
refers to the written explanation for the decision. "The opinion for
the Court", "concurring opinion", "dissenting opinion", "opinion
concurring in part and dissenting in part".
Right - so?
To refer to the vote the justice cast without reference to a written
opinion, the term used is that: "dissenting vote" or "concurring vote",
or "joining in dissent", or even just "Justice X in dissent". One does
not speak of "the opinion of Justice X" to refer to his opinion on the
colloquial sense, because the term "opinion" is a term of art here.
When a justice joins in an opinion and writes his own opinion, this
does not mean he disagrees with the opinion written as a joint opinion.
Are you suggesting justices can "agree" but not really agree?
To refer to the
people who voted opposite the decision, one talks about "the [four]
dissenters" or perhaps the "dissenting votes". "Opinion" refers to
the
written explanation for the vote.
"written opinion" refers to a written opinion.
I have never seen any discussion of Supreme Court decisions for which
"opinion" did NOT refer to the written record of the Court's decision.
Do you have some references where only "written opinion" is used, as
you seem to be claiming?
I am uncertain at this point what you are trying to argue. What are
you getting at?
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| User: "Arturo Magidin" |
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| Title: Re: USSC Goes Left |
05 Mar 2005 05:23:33 PM |
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In article <040320052231020755%dbarnes@aol.com>,
David W. Barnes <dbarnes@aol.com> wrote:
In article <1109952853.482115.65170@f14g2000cwb.googlegroups.com>,
<magidin@math.berkeley.edu> wrote:
David W. Barnes wrote:
In article <1109774993.789958.201120@o13g2000cwo.googlegroups.com>,
<magidin@math.berkeley.edu> wrote:
[.snip.]
Yes. Sorry, it's just that "dissenting opinions" refers to written
opinions dissenting from the judgement of the court.
Not necessarily. It can be a written opinion or simply the opinion.
Huh?
In the context of the Supreme Court, "opinion" is a term of art and
refers to the written explanation for the decision. "The opinion for
the Court", "concurring opinion", "dissenting opinion", "opinion
concurring in part and dissenting in part".
Right - so?
Look. I was trying to clarify the statement about "four dissents." You
seem to be on a crusade to defend each and every word you wrote,
whether it was accurate, possibly accurate, somewhat accurate, or
not.
There were not "four dissents" in this case: there were two dissents,
with four dissentERS. "Opinion" in this context refers ->exclusively<-
to written opinions, not to "simply the opinion". That's what the
words mean in this context, and I was trying to be helpful, not attack
you in some way.
To refer to the vote the justice cast without reference to a written
opinion, the term used is that: "dissenting vote" or "concurring vote",
or "joining in dissent", or even just "Justice X in dissent". One does
not speak of "the opinion of Justice X" to refer to his opinion on the
colloquial sense, because the term "opinion" is a term of art here.
When a justice joins in an opinion and writes his own opinion, this
does not mean he disagrees with the opinion written as a joint opinion.
Are you suggesting justices can "agree" but not really agree?
Huh? When a justice joins in an opinion, he is agreeing to the
opinion. That's what "joining" means. He can also write his own
opinion to add "his two cents", or because he feels the opinion did
not go far enough, or because he wants to emphasize some points. None
of this is germane to the precision I made that this case did not have
four dissents, but two (with four dissenters).
To refer to the
people who voted opposite the decision, one talks about "the [four]
dissenters" or perhaps the "dissenting votes". "Opinion" refers to
the
written explanation for the vote.
"written opinion" refers to a written opinion.
I have never seen any discussion of Supreme Court decisions for which
"opinion" did NOT refer to the written record of the Court's decision.
Do you have some references where only "written opinion" is used, as
you seem to be claiming?
I am uncertain at this point what you are trying to argue. What are
you getting at?
I could ask the same thing of you. You said "four dissents." I
corrected and clarified and pointed out that in fact there were only
two dissents. At which point you started arguing that what you had
said was correct because you can talk about opinions whether written
or not. It seems to me that you are not familiar with the language
used to describe these situations, made a slight an unimportant
imprecision, and then proceeded to defend it to the death when it was
clarified.
--
======================================================================
"It's not denial. I'm just very selective about
what I accept as reality."
--- Calvin ("Calvin and Hobbes")
======================================================================
Arturo Magidin
magidin@math.berkeley.edu
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| User: "David W. Barnes" |
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| Title: Re: USSC Goes Left |
05 Mar 2005 06:07:18 PM |
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In article <d0df1l$2tau$1@agate.berkeley.edu>, Arturo Magidin
<magidin@math.berkeley.edu> wrote:
In article <040320052231020755%dbarnes@aol.com>,
David W. Barnes <dbarnes@aol.com> wrote:
In article <1109952853.482115.65170@f14g2000cwb.googlegroups.com>,
<magidin@math.berkeley.edu> wrote:
David W. Barnes wrote:
In article <1109774993.789958.201120@o13g2000cwo.googlegroups.com>,
<magidin@math.berkeley.edu> wrote:
[.snip.]
Yes. Sorry, it's just that "dissenting opinions" refers to written
opinions dissenting from the judgement of the court.
Not necessarily. It can be a written opinion or simply the opinion.
Huh?
In the context of the Supreme Court, "opinion" is a term of art and
refers to the written explanation for the decision. "The opinion for
the Court", "concurring opinion", "dissenting opinion", "opinion
concurring in part and dissenting in part".
Right - so?
Look. I was trying to clarify the statement about "four dissents." You
seem to be on a crusade to defend each and every word you wrote,
whether it was accurate, possibly accurate, somewhat accurate, or
not.
No - you seem to be on a crusade to parse out individual phrases and
words and have them mean something different than they did when I wrote
them.
There were not "four dissents" in this case: there were two dissents,
with four dissentERS.
Of course there were four dissents.
"Opinion" in this context refers ->exclusively<-
to written opinions, not to "simply the opinion". That's what the
words mean in this context, and I was trying to be helpful, not attack
you in some way.
I didn't take it that way.
To refer to the vote the justice cast without reference to a written
opinion, the term used is that: "dissenting vote" or "concurring vote",
or "joining in dissent", or even just "Justice X in dissent". One does
not speak of "the opinion of Justice X" to refer to his opinion on the
colloquial sense, because the term "opinion" is a term of art here.
When a justice joins in an opinion and writes his own opinion, this
does not mean he disagrees with the opinion written as a joint opinion.
Are you suggesting justices can "agree" but not really agree?
Huh? When a justice joins in an opinion, he is agreeing to the
opinion. That's what "joining" means. He can also write his own
opinion to add "his two cents", or because he feels the opinion did
not go far enough, or because he wants to emphasize some points. None
of this is germane to the precision I made that this case did not have
four dissents, but two (with four dissenters).
Agreed.
To refer to the
people who voted opposite the decision, one talks about "the [four]
dissenters" or perhaps the "dissenting votes". "Opinion" refers to
the
written explanation for the vote.
"written opinion" refers to a written opinion.
I have never seen any discussion of Supreme Court decisions for which
"opinion" did NOT refer to the written record of the Court's decision.
Do you have some references where only "written opinion" is used, as
you seem to be claiming?
I am uncertain at this point what you are trying to argue. What are
you getting at?
I could ask the same thing of you. You said "four dissents." I
corrected and clarified and pointed out that in fact there were only
two dissents. At which point you started arguing that what you had
said was correct because you can talk about opinions whether written
or not. It seems to me that you are not familiar with the language
used to describe these situations, made a slight an unimportant
imprecision, and then proceeded to defend it to the death when it was
clarified.
I think our difference here is you view "four dissents" as four
dissenting opinions - I view it as four persons dissenting.
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| User: "Arturo Magidin" |
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| Title: Re: USSC Goes Left |
05 Mar 2005 06:13:17 PM |
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In article <050320051607186440%dbarnes@aol.com>,
David W. Barnes <dbarnes@aol.com> wrote:
In article <d0df1l$2tau$1@agate.berkeley.edu>, Arturo Magidin
<magidin@math.berkeley.edu> wrote:
In article <040320052231020755%dbarnes@aol.com>,
David W. Barnes <dbarnes@aol.com> wrote:
In article <1109952853.482115.65170@f14g2000cwb.googlegroups.com>,
<magidin@math.berkeley.edu> wrote:
David W. Barnes wrote:
In article <1109774993.789958.201120@o13g2000cwo.googlegroups.com>,
<magidin@math.berkeley.edu> wrote:
[.snip.]
Yes. Sorry, it's just that "dissenting opinions" refers to written
opinions dissenting from the judgement of the court.
Not necessarily. It can be a written opinion or simply the opinion.
Huh?
In the context of the Supreme Court, "opinion" is a term of art and
refers to the written explanation for the decision. "The opinion for
the Court", "concurring opinion", "dissenting opinion", "opinion
concurring in part and dissenting in part".
Right - so?
Look. I was trying to clarify the statement about "four dissents." You
seem to be on a crusade to defend each and every word you wrote,
whether it was accurate, possibly accurate, somewhat accurate, or
not.
No - you seem to be on a crusade to parse out individual phrases and
words and have them mean something different than they did when I wrote
them.
There were not "four dissents" in this case: there were two dissents,
with four dissentERS.
Of course there were four dissents.
No, there weren't. There were four dissenters, and two
dissents. That's exactly the point. You are using the word improperly;
it is simple enough to fix. That's all.
I could ask the same thing of you. You said "four dissents." I
corrected and clarified and pointed out that in fact there were only
two dissents. At which point you started arguing that what you had
said was correct because you can talk about opinions whether written
or not. It seems to me that you are not familiar with the language
used to describe these situations, made a slight an unimportant
imprecision, and then proceeded to defend it to the death when it was
clarified.
I think our difference here is you view "four dissents" as four
dissenting opinions - I view it as four persons dissenting.
You are welcome to use language any way you want, but be aware that
this is not what the words are normally taken to mean in this
context. That's all. You can understand "four dissents" to mean "four
dissenters", but nobody who knows about the Supreme Court or the US
legal system is going to understand that you mean "four dissenters":
they are going to take "four dissents" to mean four ->written<-
dissents. This is not simply "my view"; it's the way the words are
universally used in this context. Likewise, "opinion", while in
colloquial terms means one thing, in the context of the Supreme Court
(and in general, of the judgement of courts that work under a common
law system as they do in the US) the word refers exclusively to the
written exposition by the judge or judges of both the result and the
legal reasoning behind the decision.
"Dissent" is a term of art here; you can use it any way you want, but
people are not going to take from your words your meaning: they are
going to misinterpret you because you are using terms of art
incorrectly. That's all. It would have been simple enough to take the
precision and use the terminology properly.
--
======================================================================
"It's not denial. I'm just very selective about
what I accept as reality."
--- Calvin ("Calvin and Hobbes")
======================================================================
Arturo Magidin
magidin@math.berkeley.edu
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| User: "David W. Barnes" |
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| Title: Re: USSC Goes Left |
05 Mar 2005 11:48:26 PM |
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In article <d0dhut$2u30$1@agate.berkeley.edu>, Arturo Magidin
<magidin@math.berkeley.edu> wrote:
In article <050320051607186440%dbarnes@aol.com>,
David W. Barnes <dbarnes@aol.com> wrote:
In article <d0df1l$2tau$1@agate.berkeley.edu>, Arturo Magidin
<magidin@math.berkeley.edu> wrote:
In article <040320052231020755%dbarnes@aol.com>,
David W. Barnes <dbarnes@aol.com> wrote:
In article <1109952853.482115.65170@f14g2000cwb.googlegroups.com>,
<magidin@math.berkeley.edu> wrote:
David W. Barnes wrote:
In article <1109774993.789958.201120@o13g2000cwo.googlegroups.com>,
<magidin@math.berkeley.edu> wrote:
[.snip.]
Yes. Sorry, it's just that "dissenting opinions" refers to written
opinions dissenting from the judgement of the court.
Not necessarily. It can be a written opinion or simply the opinion.
Huh?
In the context of the Supreme Court, "opinion" is a term of art and
refers to the written explanation for the decision. "The opinion for
the Court", "concurring opinion", "dissenting opinion", "opinion
concurring in part and dissenting in part".
Right - so?
Look. I was trying to clarify the statement about "four dissents." You
seem to be on a crusade to defend each and every word you wrote,
whether it was accurate, possibly accurate, somewhat accurate, or
not.
No - you seem to be on a crusade to parse out individual phrases and
words and have them mean something different than they did when I wrote
them.
There were not "four dissents" in this case: there were two dissents,
with four dissentERS.
Of course there were four dissents.
No, there weren't. There were four dissenters, and two
dissents. That's exactly the point. You are using the word improperly;
it is simple enough to fix. That's all.
You "fix" it. For people dissented. This isn't rocket science.
I could ask the same thing of you. You said "four dissents." I
corrected and clarified and pointed out that in fact there were only
two dissents. At which point you started arguing that what you had
said was correct because you can talk about opinions whether written
or not. It seems to me that you are not familiar with the language
used to describe these situations, made a slight an unimportant
imprecision, and then proceeded to defend it to the death when it was
clarified.
I think our difference here is you view "four dissents" as four
dissenting opinions - I view it as four persons dissenting.
You are welcome to use language any way you want, but be aware that
this is not what the words are normally taken to mean in this
context. That's all.
*****. I'm a lawyer. I read it all the time.
You can understand "four dissents" to mean "four
dissenters", but nobody who knows about the Supreme Court or the US
legal system is going to understand that you mean "four dissenters":
they are going to take "four dissents" to mean four ->written<-
dissents. This is not simply "my view"; it's the way the words are
universally used in this context. Likewise, "opinion", while in
colloquial terms means one thing, in the context of the Supreme Court
(and in general, of the judgement of courts that work under a common
law system as they do in the US) the word refers exclusively to the
written exposition by the judge or judges of both the result and the
legal reasoning behind the decision.
LOL! OK.
"Dissent" is a term of art here; you can use it any way you want, but
people are not going to take from your words your meaning: they are
going to misinterpret you because you are using terms of art
incorrectly. That's all. It would have been simple enough to take the
precision and use the terminology properly.
Go to law school - then get back to me.
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| User: "Arturo Magidin" |
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| Title: Re: USSC Goes Left |
06 Mar 2005 03:17:29 PM |
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In article <050320052148263835%dbarnes@aol.com>,
David W. Barnes <dbarnes@aol.com> wrote:
No, there weren't. There were four dissenters, and two
dissents. That's exactly the point. You are using the word improperly;
it is simple enough to fix. That's all.
You "fix" it. For people dissented. This isn't rocket science.
I agree: four people dissented. And there were TWO dissents in the
case.
--
======================================================================
"It's not denial. I'm just very selective about
what I accept as reality."
--- Calvin ("Calvin and Hobbes")
======================================================================
Arturo Magidin
magidin@math.berkeley.edu
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| User: "Frank Dwyer" |
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| Title: Re: USSC Goes Left |
01 Mar 2005 09:57:26 AM |
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David W. Barnes wrote:
Just out today:
http://www.cnn.com/2005/LAW/03/01/scotus.death.penalty.ap/index.html
What surprises me is how 19 states could have allowed this sort of
thing. The cruelty of conservatives never ceases to amaze me.
"It was the second major defeat at the high court in three years for
supporters of the death penalty. Justices in 2002 banned the execution
of the mentally retarded, also citing the Constitution's Eighth
Amendment ban on cruel and unusual punishments."
Still, four justices voted to continue killing those who were children
when they committed their crimes. A haven' read who the four
dissenting opinions were, the story is just breaking, but I'd bet it is
the conservatives."
"Pro-life" my *****.
And on a not so related story,
http://www.cnn.com/2005/US/02/28/bodies.found/index.html
The Right continues their attempts to terrorize "liberal" judges.
I haven't seen the actual opinions either, but I've garnered the
following in my search:
Rehnquist, Scalia, Thomas, and O'Conner voted to uphold the executions.
Stevens, Souter, Ginsburg, Breyer, and Kennedy voted against it.
The dissenting opinion is 24 pages long.
The 19 states that allow those under 18 to be executed:
Alabama, Arizona, Arkansas, Delaware, Florida, Georgia, Idaho, Kentucky,
Louisiana, Mississippi, Nevada, New Hampshire, North Carolina, Oklahoma,
Pennsylvania, South Carolina, Utah, Texas and Virginia.
The case is Roper v. Simmons, 03-633.
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| User: "David W. Barnes" |
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| Title: Re: USSC Goes Left |
01 Mar 2005 10:07:27 AM |
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In article <Gh0Vd.80$Mk3.58@news02.roc.ny>, Frank Dwyer
<fdwyer@XcitlinkX.net> wrote:
David W. Barnes wrote:
Just out today:
http://www.cnn.com/2005/LAW/03/01/scotus.death.penalty.ap/index.html
What surprises me is how 19 states could have allowed this sort of
thing. The cruelty of conservatives never ceases to amaze me.
"It was the second major defeat at the high court in three years for
supporters of the death penalty. Justices in 2002 banned the execution
of the mentally retarded, also citing the Constitution's Eighth
Amendment ban on cruel and unusual punishments."
Still, four justices voted to continue killing those who were children
when they committed their crimes. A haven' read who the four
dissenting opinions were, the story is just breaking, but I'd bet it is
the conservatives."
"Pro-life" my *****.
And on a not so related story,
http://www.cnn.com/2005/US/02/28/bodies.found/index.html
The Right continues their attempts to terrorize "liberal" judges.
I haven't seen the actual opinions either, but I've garnered the
following in my search:
Rehnquist, Scalia, Thomas, and O'Conner voted to uphold the executions.
Stevens, Souter, Ginsburg, Breyer, and Kennedy voted against it.
The dissenting opinion is 24 pages long.
The 19 states that allow those under 18 to be executed:
Alabama, Arizona, Arkansas, Delaware, Florida, Georgia, Idaho, Kentucky,
Louisiana, Mississippi, Nevada, New Hampshire, North Carolina, Oklahoma,
Pennsylvania, South Carolina, Utah, Texas and Virginia.
The case is Roper v. Simmons, 03-633.
I think you are right on the vote. I expected as much form Rehnquist,
Scalia, and Thomas. If O'Conner went along with killing those who
committed crimes as infants, she disappoints me. Rehnquist, Scalia,
and Thomas are right wing "prolifers" - you have to expect that from
them. The United States Supreme Court will never get back the respect
they once had until all three are gone.
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| User: "Clayton the Sage and Onion" |
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| Title: Re: USSC Goes Left |
01 Mar 2005 05:22:47 PM |
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"David W. Barnes" <dbarnes@aol.com> wrote in message
news:010320050807276388%dbarnes@aol.com...
I think you are right on the vote. I expected as much form Rehnquist,
Scalia, and Thomas. If O'Conner went along with killing those who
committed crimes as infants, she disappoints me. Rehnquist, Scalia,
and Thomas are right wing "prolifers" - you have to expect that from
them. The United States Supreme Court will never get back the respect
they once had until all three are gone.
....And replaced by even more extreme conservative fundamentalist right wing
Bush 2 appointees!
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| User: "Ray Fischer" |
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| Title: Re: USSC Goes Left |
01 Mar 2005 11:20:01 PM |
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Clayton the Sage and Onion <cjfat@SPAMBLOCKphonymails.com> wrote:
"David W. Barnes" <dbarnes@aol.com> wrote in message
news:010320050807276388%dbarnes@aol.com...
I think you are right on the vote. I expected as much form Rehnquist,
Scalia, and Thomas. If O'Conner went along with killing those who
committed crimes as infants, she disappoints me. Rehnquist, Scalia,
and Thomas are right wing "prolifers" - you have to expect that from
them. The United States Supreme Court will never get back the respect
they once had until all three are gone.
...And replaced by even more extreme conservative fundamentalist right wing
Bush 2 appointees!
I found it amazing that Thomas was arguing in favor of racism in the
recent ruling against separating prison inmates by race.
--
Ray Fischer
rfischer@sonic.net
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| User: "David W. Barnes" |
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| Title: Re: USSC Goes Left |
02 Mar 2005 08:27:36 AM |
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In article <d03ie1$b2r$1@bolt.sonic.net>, Ray Fischer
<rfischer@bolt.sonic.net> wrote:
Clayton the Sage and Onion <cjfat@SPAMBLOCKphonymails.com> wrote:
"David W. Barnes" <dbarnes@aol.com> wrote in message
news:010320050807276388%dbarnes@aol.com...
I think you are right on the vote. I expected as much form Rehnquist,
Scalia, and Thomas. If O'Conner went along with killing those who
committed crimes as infants, she disappoints me. Rehnquist, Scalia,
and Thomas are right wing "prolifers" - you have to expect that from
them. The United States Supreme Court will never get back the respect
they once had until all three are gone.
...And replaced by even more extreme conservative fundamentalist right wing
Bush 2 appointees!
I found it amazing that Thomas was arguing in favor of racism in the
recent ruling against separating prison inmates by race.
Thomas is a sheep. He does what he is told - by Scalia. Thomas isn't
the smartest of the justices. In fact, I believe he is the least
intelligent. (But still smarter than Bush, for instance.)
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| User: "David W. Barnes" |
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| Title: Re: USSC Goes Left |
01 Mar 2005 10:45:17 PM |
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In article <4224f910$0$6164$afc38c87@news.optusnet.com.au>, Clayton the
Sage and Onion <cjfat@SPAMBLOCKphonymails.com> wrote:
"David W. Barnes" <dbarnes@aol.com> wrote in message
news:010320050807276388%dbarnes@aol.com...
I think you are right on the vote. I expected as much form Rehnquist,
Scalia, and Thomas. If O'Conner went along with killing those who
committed crimes as infants, she disappoints me. Rehnquist, Scalia,
and Thomas are right wing "prolifers" - you have to expect that from
them. The United States Supreme Court will never get back the respect
they once had until all three are gone.
...And replaced by even more extreme conservative fundamentalist right wing
Bush 2 appointees!
The only ones that could be more extreme would have swastikas on their
arms.
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| User: "Arturo Magidin" |
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| Title: Re: USSC Goes Left |
01 Mar 2005 05:00:10 PM |
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David W. Barnes wrote:
I think you are right on the vote. I expected as much form
Rehnquist,
Scalia, and Thomas. If O'Conner went along with killing those who
committed crimes as infants, she disappoints me. Rehnquist, Scalia,
and Thomas are right wing "prolifers" - you have to expect that from
them. The United States Supreme Court will never get back the
respect
they once had until all three are gone.
I just finished doing a quick reading of the opinions...
The votes and opinons were along ideological lines, but along
ideological lines of constitutional interpretation, I think.
The Majority opinion is based on the idea of "evolving standards" with
respect to the 8th Amendment. More or less, it argues that the 8th
Amendment talks about "cruel and unusual punishment", but the meaning
of "cruel" and "unusual" (like the meaning of "excessive" in the bail
clause) is not frozen but contextual and depends on the evolving
standards of morality of the nation. So, there was a time when
flogging for stealing was not considered cruel and unusual, but it
would now; so while the 8th Amendment did not, per se, forbid flogging
for stealing when enacted, it would forbid it today because the
evolution of our societal standards has made this, now, a cruel and
unusual punishment disproportionate to the offense.
The Majority then goes on to argue that in the 15 years since it ruled
that the society standards forbid the execution of those under 16, but
that the 8th Amendment per se did not say anything about the two years
between 16 and 18 (execution of those over 18 being taken as viable),
the societal standards have evolved to the point where those two years
are now under the same umbrella as the 'under 16'. They point out that
at the same time the decision was made 15 years ago, the Court also
found nothing wrong with executing the mentally retarded, but has now
found it cruel and unusual. It also cites the changes in death penalty
law in most states (which, when the decision came out in the last 15
years, have for the most part moved the age up to 18) and in
jurisprudence. They finally cite international law as indicative of
this evolving morality. In addition, they point out that while "young
age" is supposed to be a mitigating factor in those states that allow
execution of those younger than 18, in practice (as occurred in this
particular case) it is often taken in fact as an aggravating
circumstance (when the defense argued for clemency, saying the young
was too immature [they gave some testimony to that effect], the
prosecution argued that the fact that a teenager younger than 18 had
committed the crime made it more heinous).
I believe these were also the arguments of the appeals court below.
O'Connor did not say she believes execution of minors is okay. What
she argues in her lone dissent (nobody joined her) was that (i) there
is insufficient evidence to warrant the conclusion that there is now a
general nationwide consensus that executing people younger than 18 is
cruel and unusual; and (ii) that the absolute rule the court has
handed down is probably too broad and improper. She agrees that, for
the most part, those younger than 18 are not as culpable as older
citizens, as recognized by law, but it seems that she would favor
giving latitude to the courts below in making the determination of
whether a particular person is mature enough or not to face the
consequences of his or her actions.
Also, she is open to the "evolving morality standards" argument, but
says that the evidence given is hardly sufficient to warrant the
conclusion. Since the Supreme Court is not a "fact finding court" on
appeal, the case should have been sent to the court of appeals below
with instructions to that court to give more factual evidence
justifying their conclusion that the "mood of the nation" has indeed
changed in the direction they claim.
This is perfectly in keeping with her usual stance of taking it "one
case at a time" in this sort of situation. It's worth noting that she
joined the opinion of Stevens in Atkins v. Virginia (536 U.S. 304
(2002) ) which was the opinion that declared the execution of the
mentally retarded to be cruel and unusual.
Scalia also stuck to his usual stomping grounds: literal
interpretation of the statutes/constitution, with the words having as
meaning the meaning they had to those who wrote it. He refuses (and
always has) to look at history or "evolving standards", arguing that
evolving standards are reflected by evolving legislative action: if
the "mood of the nation" is against executing minors, then surely the
laws would be changed to bar the execution of minors; that such laws
exist is definitive evidence (to him) that the mood has not changed in
the direction the court claims, and in any case that it is not the
Court's place to decide that the mood has or hasn't changed and in
which direction.
Thomas has pretty much always agreed with that. Rehnquist has never
objected to looking at legislative history or at information that does
not come solely from the words of the statute (as Scalia and Thomas
do), but he has also always supported interpreting statutes as meaning
what those who wrote them meant by the words. That is: the 8th
Amendment's prohibition against cruel and unusual punishment bars
nothing more and nothing less than those punishments that those who
wrote it 200+ years ago thought were cruel and unusual; whether we
agree with them or not is irrelevant: we can always pass laws
forbidding other punishment we now find cruel and/or unusual.
Another thing that Scalia says, and I think he has a very good point
here, is that the Court does not admonish the Appeals Court for trying
to anticipate the Supreme Court. The case law, up to this point,
permitted the execution of 17 year olds. The Appeals Court in essence
ignored the case law as it existed until yesterday and rendered its
own decision. ->Appeal Courts are not supposed to do that<-. It is up
to the Supreme Court, and only to the Supreme Court, to overrule its
own precedents if it feels this is necessary. (Much of the reversals
of the 9th Circuit, for example, are not due to its alleged
"liberalism", but to the fact that the 9th Circuit in general does not
anticipate the Supreme Courts 'shift to the right' in precedents until
the Supreme Court actually rules). The majority opinion should definitely
had raised a bit of a stink about the Appeals Court going beyond what
it should, even if it ended up agreeing with them.
In addition to this, Scalia also takes the opportunity to rail against
the invoking of international law and rulings; but then, he and
Rehnquist have always objected to any and all mention of international
laws in US rulings. Not even as guidance or information are they to be
allowed (even when these rulings refer to binding treaties the US has
signed which give them those powers, it might be added). And as a
parting shot, he says that if the Court were so concerned about other
countries (the Opinion for the Court makes some hay out of saying the
US is the only country that allows the execution of minors), then
since the US is the only country that "allows abortion on demand to
the point of viability" then surely the Court should overturn its
abortion decisions based on those same ideals.
While I think Scalia favors the Death penalty per se, I also think in
this decision he is being completely consistent with his judicial
philosophy as he has always espoused it (as opposed to twisting the
judicial philosophy to justify the conclusion he wants).
O'Connor, I think, may find the death penalty personally distasteful,
but she has always been a minimalist and has always argued in favor of
letting each state decide this sort of thing (though she certainly has
not always stuck to that ideal when she wants the result to come out a
particular way); in that respect, the decision also rings very true to
her (stated) convictions. It does not surprise me at all.
I also think she is being reasonable: the evidence cited by the
majority is at least somewhat equivocal. I too would like something a
bit more solid before saying "there is a national consensus against
executing teenagers younger than 18". While I personally would approve
of such a consensus, I just am not quite convinced that the consensus
is there.
(No, I'm not arguing that the meaning of the constitutional guarantees
as a whole depends on general consensus; but the 8th amendment
prohibitions are different from, say, the 1st or 5th amendment
guarantees, in that the meaning of "cruel" and "excessive" is clearly
society-contextual, whereas the meaning of "no law" or "be a witness
against himself" do not depend on what we as a society feel is moral
or immoral).
--
======================================================================
"It's not denial. I'm just very selective about
what I accept as reality."
--- Calvin ("Calvin and Hobbes")
======================================================================
Arturo Magidin
magidin@math.berkeley.edu
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| User: "Frank Dwyer" |
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| Title: Re: USSC Goes Left |
01 Mar 2005 10:15:26 AM |
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David W. Barnes wrote:
In article <Gh0Vd.80$Mk3.58@news02.roc.ny>, Frank Dwyer
<fdwyer@XcitlinkX.net> wrote:
David W. Barnes wrote:
Just out today:
http://www.cnn.com/2005/LAW/03/01/scotus.death.penalty.ap/index.html
What surprises me is how 19 states could have allowed this sort of
thing. The cruelty of conservatives never ceases to amaze me.
"It was the second major defeat at the high court in three years for
supporters of the death penalty. Justices in 2002 banned the execution
of the mentally retarded, also citing the Constitution's Eighth
Amendment ban on cruel and unusual punishments."
Still, four justices voted to continue killing those who were children
when they committed their crimes. A haven' read who the four
dissenting opinions were, the story is just breaking, but I'd bet it is
the conservatives."
"Pro-life" my *****.
And on a not so related story,
http://www.cnn.com/2005/US/02/28/bodies.found/index.html
The Right continues their attempts to terrorize "liberal" judges.
I haven't seen the actual opinions either, but I've garnered the
following in my search:
Rehnquist, Scalia, Thomas, and O'Conner voted to uphold the executions.
Stevens, Souter, Ginsburg, Breyer, and Kennedy voted against it.
The dissenting opinion is 24 pages long.
The 19 states that allow those under 18 to be executed:
Alabama, Arizona, Arkansas, Delaware, Florida, Georgia, Idaho, Kentucky,
Louisiana, Mississippi, Nevada, New Hampshire, North Carolina, Oklahoma,
Pennsylvania, South Carolina, Utah, Texas and Virginia.
The case is Roper v. Simmons, 03-633.
I think you are right on the vote. I expected as much form Rehnquist,
Scalia, and Thomas. If O'Conner went along with killing those who
committed crimes as infants, she disappoints me. Rehnquist, Scalia,
and Thomas are right wing "prolifers" - you have to expect that from
them. The United States Supreme Court will never get back the respect
they once had until all three are gone.
I found O'Conner's vote a little surprising as well. Here's a link where
I read how they voted (and the length of the dissent).
http://www.usatoday.com/news/washington/2005-03-01-scotus-juvenile_x.htm
If I come across a link to the actual opinion of the court, I'll post it
in this thread.
My opinion is that it should depend on the circumstances. I know they
need to draw the line of culpability somewhere, but I don't think "under
18" should be it. Maybe 16/17 or so. I just believe that if they are
beyond the age of consent, and are responsible and mature enough to be
issued a license, they should also be subject to the full consequences
for any crimes they may commit.
At that age (16/17), they want to be treated as equals to all other
adults... perhaps they should be careful what they wish for.
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| User: "Brian Westley" |
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| Title: Re: USSC Goes Left |
01 Mar 2005 12:32:21 PM |
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Frank Dwyer <fdwyer@XcitlinkX.net> writes:
....
I found O'Conner's vote a little surprising as well. Here's a link where
I read how they voted (and the length of the dissent).
http://www.usatoday.com/news/washington/2005-03-01-scotus-juvenile_x.htm
If I come across a link to the actual opinion of the court, I'll post it
in this thread.
A PDF version is at
http://a257.g.akamaitech.net/7/257/2422/01mar20051115/www.supremecourtus.gov/opinions/04pdf/03-633.pdf
Or click on 'Roper v Simmons' at
http://www.supremecourtus.gov/opinions/04slipopinion.html
---
Merlyn LeRoy
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| User: "Frank Dwyer" |
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| Title: Re: USSC Goes Left |
01 Mar 2005 01:25:02 PM |
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Brian Westley wrote:
Frank Dwyer <fdwyer@XcitlinkX.net> writes:
...
I found O'Conner's vote a little surprising as well. Here's a link where
I read how they voted (and the length of the dissent).
http://www.usatoday.com/news/washington/2005-03-01-scotus-juvenile_x.htm
If I come across a link to the actual opinion of the court, I'll post it
in this thread.
A PDF version is at
http://a257.g.akamaitech.net/7/257/2422/01mar20051115/www.supremecourtus.gov/opinions/04pdf/03-633.pdf
Thanks. We can trim out the "akamai" portion though.
http://www.supremecourtus.gov/opinions/04pdf/03-633.pdf
Or click on 'Roper v Simmons' at
http://www.supremecourtus.gov/opinions/04slipopinion.html
Yup. It's there now. They've posted it since I checked this morning.
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