tag:blogger.com,1999:blog-34853720.post8818592599660068173..comments2023-08-24T10:39:23.460-04:00Comments on CAAFlog: A Westerbergian analysis of Kennedy v. LouisianaDwight Sullivanhttp://www.blogger.com/profile/11657981110237418710noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-34853720.post-44171352500357010632008-10-02T23:18:00.000-04:002008-10-02T23:18:00.000-04:00How young are you? How old am I? Let's count the...How young are you? How old am I? Let's count the rings around my eyes.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-69720299468605446362008-10-02T11:10:00.000-04:002008-10-02T11:10:00.000-04:001049 Anon -- you're right that the vote against re...1049 Anon -- you're right that the vote against rehearing was 7-2. But read what I wrote again: "the Supremes split 5-2-2 on whether to reconsider their decision." And they did.Dwight Sullivanhttps://www.blogger.com/profile/11657981110237418710noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-26630688144376675032008-10-02T10:49:00.000-04:002008-10-02T10:49:00.000-04:00CAAFlog, as you say, the law is a hyper technical ...CAAFlog, as you say, the law is a hyper technical profession. The vote against reconsideration was 7-2, not 5-2-2. Just saying.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-61417233050663303952008-10-02T09:06:00.000-04:002008-10-02T09:06:00.000-04:00Actually, I think Justice Scalia's two quotes in C...Actually, I think Justice Scalia's two quotes in CAAFlog's post make sense. They reflect the differences between due process (which he discussed in Weiss) and the Eight Amended (which was at issue in the Kennedy case). There are very good reasons why the due process considerations should be different for courts-martial, as the test for due process places considerable weight in the government's interests (and those are different in the military context).<BR/><BR/>As I said on this blog in dicussing the Kennedy case some time ago, I can't think of a good reason why the Eighth Amendment should apply differently (or have different results) in the civilian and military context, except possibly with respect to sonme purely military offenses.<BR/><BR/>As for Justice Stevens, well, I've always viewed his opinion in Loving as a disaster.John O'Connorhttps://www.blogger.com/profile/08014476389355562158noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-33097069441476091842008-10-02T05:14:00.000-04:002008-10-02T05:14:00.000-04:00Zing! A pox on both houses.Zing! A pox on both houses.Anonymousnoreply@blogger.com