You might think this is a rerun of two weeks ago, but it’s not. And while we support the Supreme Court for their decision of yesterday on the Second Amendment, that doesn’t mean they weren’t douchey this week as well, because they were.
In the case Kennedy v. Louisiana, SCOTUS determined that the death penalty was cruel and unusual punishment for child rapists.
The Kennedy in this case, named Patrick, is not related to the Kennedys of political fame, or else he would never have been convicted, but is a 300 pound evil jackass who raped his 8 year old step daughter and was sentenced to death for it, in accordance with Louisiana law.
Well, the 4 liberals on the court, along with the wind-sock that is Justice Anthony Kennedy, decided that the death penalty for a crime that doesn’t result in death in a violation of the Eight Amendment (cruel and unusual punishment for those of you keeping score at home). Yet their majority opinion doesn’t spend a lot of time addressing the Constitutional issues at stake, and never once mentions the fact that treason and espionage are both punishable by death, yet don’t necessarily result in death.
The Gang of 5 simply decided that the Tenth Amendment, the red-headed step child of the Constitution, means even less now. The logic of the decision is so twisted and illogical that Justice Alito wrote in his dissent, “In the end, what matters is the Court’s ‘own judgement’ regarding ‘the acceptability of the death penalty.’…Although the Court has much to say on this issue, most of the Court’s discussion is not pertinent to the Eighth Amendment question at hand. And once all of the Court’s irrelevant arguments are put aside, it is apparent that the Court has provided no coherent explanation for today’s decision.”
The explaination is, to put it simply, that’s what they wanted. They thought it seem exessive, so they wanted to stop it. Read the opinion and see if you can find a Constitutional basis for overturning a state law beyond the wishes of 5 people in black robes.
They are supposed to be bound by and to the Constitution, that’s their job. It’s not to feel or allow their personal opinions to sway their judgment. This decision had nothing to do with law, it had everything to do with their feelings on the death penalty.
The only justice in this case is the fact that child rapists are singled out in prison for special treatment by fellow prisoners. How sad is it that an 8 year old girl may only see the justice the courts were supposed to provider her with from people imprisoned by the same system.
For this reason the same 5 Justices who won 2 weeks ago get another plaque as our Douchebags of the Week. We really, really hope they stop winning next year.