Wednesday, October 01, 2008

Kennedy v. La. - No Joy for Louisiana in Military Justiceville

The SCOTUS denied rehearing in Kennedy v. Louisiana, as reported on SCOTUSBlog and the WSJ Law Blog (with a link to CAAFlog), a case in which our very own CAAFlog has played a prominent role. Here are links to prior CAAFlog coverage of Kennedy v. La., here, here, and here. Here are links to the two "statements" in the case, majority statement in denying rehearing and the statement of Justice Scalia and the Chief Justice. J. Scalia and the C.J. argued essentially that because the majority opinion was so bad, rehearing wasn't going to make a silk purse out of a sow's ear. Justices Alito and Thomas dissented from the denial of rehearing, but did not write separately. More from CAAFlog later on another potential factual gaff in the Kennedy statement.


Anonymous said...

Wow!! Very interesting. I did not think the Supremes would leave the door open for the death penalty for rape in the military, but they did. I am guessing from reading this, however, that to even have a chance at passing constitutional muster, the rape (child or adult) must also have had some significant military impact, like a senior enlisted raping the child of one of his subordinates using his position and trust to effect the rape.

NOOOOO, I am not saying that is constitution or arguing whether it should be, all I am noting is that for there to even be a chance, I think there probably needs to also be included some severe military impact to go along with the impact rape already has on its victim. That, and not having Col Sullivan as the defense counsel.

No Man said...

Anon 1423 = Mrs. CAAFlog