SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : Politics for Pros- moderated
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  
From: LindyBill7/3/2008 8:46:35 AM
   of 793801
 
Wiping Off the Egg [Matthew J. Franck]

In a follow-up to her front-pager yesterday, Linda Greenhouse reports in the New York Times today that the Justice Department is more than a bit chagrined that it did not draw the attention of the Supreme Court to an act of Congress only two years ago providing the death penalty for child rape in military cases. (See my post on this and Andy McCarthy's article yesterday.)

Greenhouse notes the following about the DOJ mea culpa: "The Justice Department statement was carefully worded to avoid conceding that under the reasoning of the Supreme Court decision, the military death penalty provision for child rape is now unconstitutional." This is understandable, almost instinctively lawyerly caution. But of course the provision "is now unconstitutional," if the question is whether it is possible to execute a court-martialed child rapist while last week's ruling remains in force. It is not, and DOJ's care in not "conceding" so is quite pointless.

Yet another angle to be seen here is the casual use by Linda Greenhouse (and she is not alone in this) of the turn of phrase "is now unconstitutional." This blithely assumes that something perfectly constitutional on Tuesday becomes unconstitutional Wednesday, for no other reason than that five justices of the Supreme Court say so.

How low we have fallen.

bench.nationalreview.com
Report TOU ViolationShare This Post
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  

HomeMailHotSubjectMarksPeopleMarksKeepersSettings
Terms Of UseContact UsCopyright/IP PolicyPrivacy PolicyAbout UsFAQAdvertise on SI
© 2025 Knight Sac Media.  Data provided by Twelve Data, Alpha Vantage, and CityFALCON News