Tuesday, March 01, 2005

Everything That Is Wrong With SCOTUS In One Sentence

From the NY Times:

The Supreme Court ruled today, in one of the most closely watched capital punishment cases in years, that imposing the death penalty on convicted murderers who were younger than 18 at the time of their crimes is unconstitutional.

The 5-to-4 decision, arising from a Missouri case, holds that executing young killers violates "the evolving standards of decency that mark the progress of a maturing society," and that American society has come to regard juveniles as less culpable than adult criminals. (emphasis added)

I'm against the death penalty, and I'm appalled at this sentiment expressed by the Supreme Court written by Justice Kennedy.

Someone will need to explain to me how the Supreme Court, easily the most insulated institution in our system of government, is the appropriate venue to express the "evolving standards" of anything in our society. The Supreme Court, by its very nature, doesn't "evolve" anything, they impose something.

By the very words the Supreme Court uses in this opinion it is making one fact abundantly clear: they do not believe in popular sovereignty.

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