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Justice's Beautiful Face ...03/03/2005 09:12:18 pm

Supreme Court Justice Kennedy, from his opinion the other day in Roper vs. Simmons (pdf), where the U.S. Supreme Court found (in a 5 to 4 decision) that juvenile capital punishment was unconstitutional:

The overwhelming weight of international opinion against the juvenile death penalty is not controlling here, but provides respected and significant confirmation for the Court's determination that the penalty is disproportionate punishment for offenders under 18. ... The United States is the only country in the world that continues to give official sanction to the juvenile penalty. It does not lessen fidelity to the Constitution or pride in its origins to acknowledge that the express affirmation of certain fundamental rights by other nations and peoples underscores the centrality of those same rights within our own heritage of freedom.

Iowahawk, with tomorrow's news today:

Court Backs 3-Oxen Dowries

WASHINGTON, DC - In a far-reaching decision that will likely create complicated consequences for the American livestock and wedding-planning industries, the Supreme Court this morning ruled 5-4 that all US marriage dowries "must include three non-diseased oxen."

Writing for the majority, Justice Anthony Kennedy cited "the weight of the expansive penumbra surrounding the historically emerging and prevailing opinions of tribal shamans from Lesotho to Myanamar" in issuing the historic ruling in American Cattleman Association vs. Modern Bride, Helverson, et al.

In a scathing and sometimes caustic dissent, Judge Antonin Scalia wrote that "Holy. Freakin'. Shit."

The American Civil Liberties Union, which had filed an amicus brief in the case, praised the decision as "an important first step in insuring that American grooms will eventually share the same access to bovine property rights as the rest of the international community."

"The decision underscores the principle of Federalism by creating uniformity in our notoriously inconsistent state dowry laws," noted Harvard Law professor Lawrence Tribe.

And don't miss the rest of it.

 

 

 


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