We Need More Scalias

Tuesday, March 01, 2005

I don't care what your position on the death penalty is, or at what age you believe is appropriate for execution, but the 5-4 ruling led by liberal activist Supreme Court justices demonstrates how they cheat our federalist system by playing legislators.

From the Associated Press:

A closely divided Supreme Court ruled Tuesday that it's unconstitutional to execute juvenile killers, ending a practice in 19 states that has been roundly condemned by many of America's closest allies.

The 5-4 decision throws out the death sentences of 72 murderers who were under 18 when they committed their crimes and bars states from seeking to execute minors for future crimes.

The executions, the court said, violate the Eighth Amendment ban on cruel and unusual punishment.
So based on the infinite wisdom of the liberal justices, plus Anthony Kennedy, it is cruel and unusual to execute someone aged 17.5 but perfectly appropriately to execute them at 18. Even if a fine line has to be drawn, shouldn't it be up to elected officials to make that call? Aren't those held accountable to the populace supposed to write the books?

Dissenter Justice Scalia said it best when he reminded us how our country was founded and supposed to be run; you know, by lawmen elected by the people:
The court says in so many words that what our people's laws say about the issue does not, in the last analysis, matter: 'In the end our own judgment will be brought to bear on the question of the acceptability of the death penalty. The court thus proclaims itself sole arbiter of our nation's moral standards.