Southern Appeal - "With a rebel yell, they cried more, more, more!"
Joel-
With all due respect, Justice Kennedy is a twit. And his opinion in Roper is an abomination.
Moreover, the words cruel and unusual punishment have a rich common law history that clearly outline the analytical parameters in which the Eighth Amendment is to be interpreted (properly)
DeLay's comments were more of the same, until he got to the part where he criticized Justice Kennedy for doing "his own research on the Internet." I agree, Kennedy should Shepardize by hand like we did in the old days!
I don't particularly agree with Kennedy in Roper, but I don't think his resort to outside sources for something to color the meaning of the terms was unprecedented or necessarily unwarranted. I would side more with the notion that we should look to our own law and our states first if we look anywhere; our states were clearly OK with executing 16- and 17-year-olds...
I'm by no means beating the drum for Kennedy, I'm just pointing out that what he did should not be confused with Lawrence, where much more was at stake.
I also think Delay's continued posturing against the judiciary is politically not all that smart. People may be skeptical or even distrustful of judges, but I think they're more unsettled by politicians who get too excited about what judges do.
And by our states being OK with the executions I mean there was no consensus against such execution - I believe it was a 50-50 split?
Joel,
If you interpret provisions of the Constitution based upon international law rather than the old common law, that's montrously unwarranted. Kennedy only does it because he wants to take sides in the culture wars, and he's siding with Europe.
Feddie's right on this, and so is DeLay.
DeLay's posturing is just that--posturing. He'll never actually do anything about it. This keeps the social conservative leaders happy enough not to support a third (ahem! Roy!) party, and helps cobble together enough votes to pass gems of legislation like the recent bankruptcy 'reform' bill for the real power brokers--the money.
I watched the part of the FDR special when he tried--unsuccessful--to butt heads with the Supreme Court. It was stupid then, it was stupid when George Wallace tried it, it was stupid when Roy Moore tried it, it is stupid when Tom DeLay tries it.
There are constructive and responsible ways to address problems in the judiciary...that is, if you're actually serious about reforming it. If you just want to earn liberals' scorn (and the hero's/martyr's welcome from conservatives that goes along with doing so) and pin your political timidity on an institution that by design can't respond to public attacks, well, you can do what the Majority Leader's doing.
The GOP is supposed to be the party of the "grown-ups." DeLay isn't serious about building a better Republic; he just wants to hold off Nancy Pelosi in midterm elections.
I dunno, Owen. I just don't find it as outrageous as what happened in Lawrence. It may be as bad as you guys say it is - I'm not going to argue degrees, and that might be the crux of it - I just think helping to define an adjective is less troublesome than looking for a new fundamental right.
You guys sure like to call everything an "abomination."
Anony,
Welcome to the most bombastic blog on the internet, where even casual posts on whiskey and college football can sound like a thundering Scalia dissent.
We think we're a lot more important than we are, you see.
Jeff-
That's awesome! That's going in the kudos quote section. Well done!
I'm glad my brother Justice can join in my very important footnote.
DONE AND ORDERED!
"Justice Kennedy is a twit." Ah, the most powerful of all arguments -- the childish name-call. You are a fine advocate, Feddie.
John-
Perhaps if you read this blog more often you would know that I have demonstrated, at length, why Justice Kennedy is a twit.
Moreover, you may not know this, but very few Court watchers respect Kennedy. Just go ask my liberal friend, Publius.
Feddie --
I trust you are well-versed with what most "court-watchers" think about Justice Kennedy's intellect. Ironic, no, that you defend your statement --- Kennedy is a twit --- with a general appeal to what most "court-watchers" allegedly think; sort of an objective indicia of contempt.
A point of clarification: Are you included in that esteemed group of court-watchers? Would you include Larry Tribe? How about Lino Graglia? Or Ed Meese or Bob Bork? Sext Waxman? Akhil Amar? Kenn Starr? I mean, how would one go about putting together an objective group of so-called court-watchers and do you really think such a group would say they think he is a "twit."
And, for what it is worth, I am familiar with the arguments you have made against Kennedy's majority opinion in Roper. The trouble, for me, is that you destroy much of the force of those arguments with statements such as "Kennedy is a twit" or your earlier gem that his reasoning was "piss-poor."
Doubtless you have every right to speak as you please and label any judge with whom you disagree as a twit. (Though I wonder whether you believe AMK's views on the 11th Amendment or the Commerce Clause are equally reflective of his "piss-poor" reasoning.) I just think by doing so you will drive some folks away.
What was the stuff about "doing his own research on the internet"? He's not stupid enough to be attacking Justice Kennedy for using Westlaw or Lexis, is he?
O.k., John, whatever. I take it all back. Kennedy is a genuis!
Geez. What was I thinking?
Joel F,
I am actually pleased that Tom Delay is laying the smack down to the judges. What this country, and especially the legal community, needs is a large dose of demystification of the judiciary and a healthy skepticism regarding the way they have usurped the popular sovereignty of the people.
Joel L--
There are plenty of legitimate criticisms of the judiciary. Using the net to research is not one of them. Likewise, I fear that many on he right pervert the meaning of judicial activism and instead use it to justify criticizing any decision they disagree with. That is troubling to me, as I think activism is a very, very real problem and I believe you undermine the argument against it when we try and call every decision we disagree with activism.
dj jazzy T and the fresh pimp-
It's the "internets" 
Can I echo the "whats up with the internet comment" comments? I'm really at a loss for this.
Maybe Delay thinks that " i do research on the the internet" means that kennedy is out there reading newspaper articles or whatever to figure out opinions. Not actually reading legal work.
Or maybe delay thinks the internet is just smut.
I've never wanted a politician to explain himself more than today.
It's InternetS! Dad Gumit!
I seem to remember there being a Janice Rogers Brown dissent somewhere in California where she took the majority to task for referencing a Google search in their opinion...or something like that. Does anybody else remember this? This is the only other occasion I've heard "internet research" being criticized.
I sure hope Delay's not referring to Westlaw/Lexis. "And the people are using COMPUTERS to find INFORMATION! What is going ON with this country?"
Pardon me, internetS!
"Has the Internet become the devil's workshop?" said Dick Durbin of Illinois, the Senate's No. 2 Democrat. "Is it some infernal machine now that needs to be avoided by all right-thinking Americans?"
Heh. I love Durbin.
He means Kennedy seems to be getting his cites from online Guardian polls and penis-enlargement spam.
Kennedy is a twit, and a piss-poor one at that. And it's high time someone said so.
I don't know if Kennedy is a twit. I do know that his writing is utterly devoid of logic, and that it reads like the bad term papers of high school juniors. The guy couldn't carry a formal argument if his international penumbras' very lives depended on it.
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