Tuesday, June 29, 2004

Looks like I have a lot of updating to do. This includes my thoughts on the Supreme Court's decision on the non-retroactivity of Ring (which makes no sense to me by the way). I'll be updating soon. Stay tuned.

7 comments:

Anonymous said...

Hey, Carrie.
So--I am hoping you will keep track of Roper v. Simmons for me--the juvenile death penalty case.
I have a feeling the court is ready to make a good ruling on this issue, especially after Atkins, two years ago. I think two more state legislatures banned the juvenile death penalty in the past 6 months or so.
Wyoming and South Dakota, maybe? Anybody know whatever happened in Florida or New Hampshire with the ban? Any weight on the side of public opinion against will help pull the court toward the light . . . "evolving standards of decency" for sure!

Keep up the fight!
Lousene
lousene2@msn.com

CarrieJ said...

Oh, I'll be keeping track of it. I'm very hopeful that the Court will renew itself with me after the tragedy of this session. I'm thinking 5-4 with Ginsburg, Stevens, Breyer, Souter and O'Connor. Bets anyone? Its possible they could get Kennedy. I have no faith in the other three when it comes to capital punishment and the constitution.

Anonymous said...

Lousene (sp?) is right when s/he says South Dakota and Wyoming abolished the juvenile death penalty. Plus, similar legislation passed in New Hampshire, but was vetoed by a very conservative, "law and order" Republican governor. In Florida, our bill passed the Senate but time expired before it could come up on the House floor, so we're dead for the session. Same thing in Delaware and Louisiana, where juvenile abolition bills cleared committees but died in chambers.

As for the Supreme Court and Roper v. Simmons, we will either win 6 to 3 or lose 5 to 4. It will be one or the other. It all comes down to O'Connor and Kennedy....Of course, if a pro-death penalty justice were to no longer be on the court come next term, and if the final vote thus were 4 to 4, then we would win in the Missouri case, yet the juvenile death penalty would remain on the books.

CarrieJ said...

David, what's your opinion, will we lose a justice this year? I was thinking we wouldn't (unless there is a death) simply because of the election and the current timing on things. I would think someone would have stepped down by now.

By the way, I promise to update soon. My work is just eating my alive lately.

Anonymous said...

Carrie:

I think you are totally correct. We will not lose a justice this year unless someone dies.

It is so very interesting. We thought that the winner (real or apparent) of the 2000 election would have a dramatic effect on the composition of the Supreme Court. Although Bush certainly has altered the composition of several circuit courts (the Sixth comes to mind in a big way), he of course has not had a Supreme Court vacancy.

So now it is the winner of the 2004 election who will have a huge impact on the Supreme Court. Surely Rehnquist, O'Connor, Stevens and perhaps Scalia (who is said to be bored) will leave before 2008!

CarrieJ said...

I've heard that rumor about Scalia before. Will someone please explain to me how you can be BORED on the United States Supreme Court?

Personally, I think Stevens will stay on the Court until he dies. He's a lifer. This will especially ring true if Stevens senses that his replacement would overrule Roe/Casey (in my opinion).

Anonymous said...

Carrie:

For some interesting trivia on Roper v. Simmons and which states are supporting which side, check out my blog! Fascinating...or maybe I just need a life!