SCOTUS: Your Moral Standard Bearer
The [Supreme] Court thus proclaims itself sole arbiter of our Nation's moral standards—and in the course of discharging that awesome responsibility purports to take guidance from the views of foreign courts and legislatures. Because I do not believe that the meaning of our Eighth Amendment, any more than the meaning of other provisions of our Constitution, should be determined by the subjective views of five Members of this Court and like-minded foreigners, I dissent.
Didn't we fight a war or something so that the laws of our country wouldn't be determined by foreigners? I thought, like, states got to decide who, what, when, why, and under what circumstances someone could be put to death. Guess not. I suppose that moral compass that is the UN gets to decide our laws now. Yea, ummm, us?
Let's just hope when the Islam-o-facists finally get a dirty bomb, they don't ask a 17 year to push the plunger.
Update
Orin Kerr has a good follow up to Roper v. Simmons over on Volokh.com. It is a little scary when you think that what he has outlined probably is the new model for getting new judgements from the SCOTUS. Sad and scary, really.
The loving wife™ and I were talking about this last night. She seems to think that is law isn't a problem. I hate to break it to her, but she is wrong. If the *Dr. Evil fingers* child *Dr. Evil fingers* is able to commit a crime so horrible they deserve to die, they know what they are doing. Besides, you're life is a pretty steep price to pay, but cheaper than spending 80+ years in a cell behind bars. Way cheaper.
More Update
Señor Lileks sums it up like this:
...you could be worried about the SCOTUS decision on the death penalty. It upended laws concerning the execution of juvies because five judges didn’t much like the law, and were alarmed to find it was out of step with the direction of the drift of the emanations of the penumbra of several judicial decisions in Europe. I’m not all that keen on the death penalty; I think it lets them off the hook. I want killers to die in jail, alone, forgotten, with their last meal consisting of steak-flavored mush and Sanka. But the reasonings don’t seem based in that pesky Constitution itself, and the very idea of using foreign law as some sort of guide for American law unnerves me as much as it angers me. I know: let’s use Iranian law to settle the constitutionality of divorce, right now. Someone bring a case.
and OpinionJournal has an article on this one that is worth your time.
