Friday, March 9, 2018

Justice Kennedy on Brink of Retirement?

So some news accounts are saying.   I am pleased.   Even though he voted on our side in DC v. Heller and McDonald v. Chicago, I suspect that he is why the Court keeps refusing to hear appeals of cases where the appellate courts keep ignoring Heller and McDonald.  I am still upset withh his decision in Kennedy v. Louisiana.  If your have forgotten,  Louisiana had a law that made rape of a child  under 14 capital.  This was not one of those difficult sets of fact cases that produce ugly precedents.  The defendant tried to blame the rape on some black boys playing to traditional racial stereotypes.  His stepdaughter required a year of reconstructive surgery.  After the rape,  he called one of those disaster cleanup companies and told them, "My daughter became a little lady today,  and we need some cleanup. '

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