Thursday, June 20, 2002
Scalia says the recent Supreme Court decision on capital punishment and the mentally retarded a "breathtakingly arrogant assumption of power" and "Seldom has an opinion of this Court rested so obviously upon nothing but the personal views of its members". His dissent goes on to shred the majority. Here is a short piece on the decision from NRO noted by Prof. Eugene Volokh. Its my belief that it is offensive to assume that the mentally retarded cannot conform their actions to societal norms and laws. None of the mentally retarded individuals in my personal experience deserved such insulting condescension. Each wanted to be judged as all others were judged.
The poor quality of the legal reasoning of the majority opinion is also "breathtaking". A law student turning in such work to me would be given a poor grade. You can read sloppy piece of work and the dissents here.
Robin 4:28 PM