Justice Stevens
Posted at 10:29am on Apr. 17, 2008 Justice Stevens, Senator Obama, and the Principle of One Justice, One Vote
Tying Together Wednesday Morning's Opinions and Wednesday Evening's Debate
By Dan McLaughlin
If you want to understand precisely why Barack Obama's sneering condescension towards the beliefs and culture of ordinary voters - and willingness to treat them as irrational prejudices - is a concern in presidential politics, you really need look no further than what happens when such attitudes are brought to the Supreme Court, whose Justices Senator Obama wants to pick. Check out the conclusion of Justice Scalia's brief but masterful concurring opinion yesterday Baze v. Rees, taking Justice Stevens to task for his separate opinion urging that the death penalty be held unconstitutional under the Eighth Amendment (a position the Court had taken once before, only to be reversed by Justices then including Stevens himself), despite the many state and federal legislatures that have repeatedly endorsed it, the many juries that have imposed it, the studies supporting its effects, and the fact that the Constitution itself makes explicit references to the death penalty:
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