The court's 5-4 decision struck down a Louisiana law that allows capital punishment for people convicted of raping children under 12. It spares the only people in the U.S. under sentence of death for that crime — two Louisiana men convicted of raping girls 5 and 8.
However devastating the crime to children, Justice Anthony Kennedy wrote in his majority opinion, "the death penalty is not a proportional punishment for the rape of a child." His four liberal colleagues joined him, while the four more conservative justices dissented. The rest here:
Hmmm another 5-4 Supreme Court decision -- what a shocker. With the 5 libs overruling the 4 conservatives -- another shocker.
What happened to the rights of states to determine their own laws and punishments? Yes, we should vote for a liberal Presidink who will just appoint more of these power grabbing, liberal asshats, to the highest court in the land -- FOR LIFE !
By the way -- these same 9 lawyers in black robes -- i.e. the "Supreme Court" are going to rule on your gun rights today. Never mind what the constitution says -- they're going to RULE!
Conventional wisdom says they're going to uphold gun rights -- for now -- but we shall see. The lower court has already ruled that the DC gun ban is unconstitutional so, why would the Supreme Court take the appeal if it didn't plan on overruling the lower court in some way?
UPDATE:
WASHINGTON (AP) - The Supreme Court ruled Thursday that Americans have a right to own guns for self-defense in their homes, the justices' first major pronouncement on gun rights in U.S. history.
The court's 5-4 ruling struck down the District of Columbia's 32-year-old ban on handguns as incompatible with gun rights under the Second Amendment. The decision went further than even the Bush administration wanted, but probably leaves most firearms restrictions intact.
The court had not conclusively interpreted the Second Amendment since its ratification in 1791. The amendment reads: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."
The basic issue for the justices was whether the amendment protects an individual's right to own guns no matter what, or whether that right is somehow tied to service in a state militia.
Writing for the majority, Justice Antonin Scalia said that an individual right to bear arms is supported by "the historical narrative" both before and after the Second Amendment was adopted.
The Constitution does not permit "the absolute prohibition of handguns held and used for self-defense in the home," Scalia said. The court also struck down Washington's requirement that firearms be equipped with trigger locks or kept disassembled, but left intact the licensing of guns.
Scalia noted that the handgun is Americans' preferred weapon of self-defense in part because "it can be pointed at a burglar with one hand while the other hand dials the police."
In a dissent he summarized from the bench, Justice John Paul Stevens wrote that the majority "would have us believe that over 200 years ago, the Framers made a choice to limit the tools available to elected officials wishing to regulate civilian uses of weapons."
He said such evidence "is nowhere to be found."
Justice Stephen Breyer wrote a separate dissent in which he said, "In my view, there simply is no untouchable constitutional right guaranteed by the Second Amendment to keep loaded handguns in the house in crime-ridden urban areas."
Joining Scalia were Chief Justice John Roberts and Justices Samuel Alito, Anthony Kennedy and Clarence Thomas. The other dissenters were Justices Ruth Bader Ginsburg and David Souter.
Gun rights supporters hailed the decision. "I consider this the opening salvo in a step-by-step process of providing relief for law-abiding Americans everywhere that have been deprived of this freedom," said Wayne LaPierre, executive vice president of the National Rifle Association.
The NRA will file lawsuits in San Francisco, Chicago and several of its suburbs challenging handgun restrictions there based on Thursday's outcome. More here:
Again, they barely -- and I MEAN BARELY, upheld your right to bear arms. They upheld it by ONE VOTE OF A LAWYER IN A BLACK ROBE -- CAPISCE?
One more lib on the court and they'll strip that right so fast your head will swim. You think I'm kidding. I'll bet I see it in my lifetime -- the cops at the door "give us your guns."
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