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Liberal Lawyer Helping Louisiana Kill That Guy

In one of the more dramatic decisions of the last Supreme Court term, justices voted 5 to 4 to ban the death penalty in a Louisiana child rape case, Kennedy v. Louisiana. The court based its decision in part on the notion that there was a national consensus against executing people for rape, as suggested by the complete absence of any federal statute making child rape a capital crime. As it turns out, though, the court was wrong. There is such a statute under military law, an error pointed out by Linda Greenhouse on her way out the door from the New York Times.

Based on that omission, Louisiana yesterday petitioned the high court to rehear the case. It's still a longshot, but given the nature of the error, not impossible that the court might reconsider. Besides, the state has a good lawyer. Fighting to execute Patrick Kennedy is Georgetown law professor Neal Katyal. Katyal became a darling of the liberal establishment in 2005 after successfully arguing the Hamdan case, in which the Supreme Court found the Bush administration's military tribunals for trying Guantanamo detainees unconstitutional. (Katyal is currently defending Hamdan, Osama bin Laden's former driver, in his military trial, which started this week.) The case rocketed the young, telegenic Katyal into the public eye—he was profiled in Vanity Fair, no less--and his name is one of those constantly floating in the ether as a potential democratic Supreme Court nominee.

His role in the Kennedy case suggests that Katyal is not quite the liberal he's been made out to be by the media. Or, he's got tremendous political savvy. His choice to defend the death penalty in a case that even some court conservatives can't stomach brings back faint memories of a young presidential candidate flying home to Arkansas to oversee the execution of a retarded man. If you aspire to a lifetime appointment to the Supreme Court, what better way for a liberal to prove political independence (and confirmability) than to get someone executed?






Comments

Military law is where the criminal law was 100years ago. Look at the Iraq war and the related war crimes. The vast majority of people do not support military law. The Justices were correct.

I am surprised that it was not brought up about international law and the laws of the more progressive states in Europe. Even the Vatican does not allow for the Death Penalty.

Posted by: The Professor on 07/22/08 at 7:23 AM  Respond

I do not understand how one can consider themself as liberal while advocating the death of an individual who has been neutralized through incarceration. The added insult to our democratic principles is that the offender himself did not end another individual's life, yet the punishment deemed appropriate by some is death. It does not sound like justice, rather murderous vengence.

Posted by: Tulux76 on 07/22/08 at 9:12 PM  Respond

Of course the vatican would not support the death penalty, especially for child rapists... they'd have no priests left if they all got caught. I support it for child rape. Do you not realize that 80% of all people in prison in this incarceration society were attacked as children? That is a fact. So, criminality in the USA is 80% to be left at the feet of pedophiles. They are the absolute worst criminals of all. Identify them, locate them, eradicate them. They are predators, not human beings, and deserve to be treated as the dangerous subhuman vermin they are.

Posted by: captain chris on 07/22/08 at 11:59 PM  Respond

captain chris, what would Jesus say about your blood thirst? Do you think that he supports killing people? You are out of touch with the modern world. The EU has abolished the death penalty. They are so much more socially advanced than us "gun clingers".

Posted by: Charles on 07/23/08 at 5:29 AM  Respond

Personally, I do not care what Jesus would say about it. I believe that the Jesus myth is just that, moreover, a means by which to blind the minds of those stupid enough to listen to the truly evil among us, and revere the same. Most, if not all wickedness in this word can be attributed directly to organized religion as the source.

Posted by: captain chris on 07/25/08 at 6:27 AM  Respond

Captain, you are right. Look at the biggest Jewish right wing nut, Moses. He had a policy of genocide to steal the land from the original inhabitants. (Moses's policy for genocide is all in the Bible, but wasn't he an Egyptian and married to a Black woman? ) Modern day Zionists base their right to the land on this ancient first Hitler. What goes around comes around. We live in the 21st Century. Say no to Zionism, say no to racism.

Posted by: Mustafa on 07/25/08 at 7:28 AM  Respond

Here is the case in question:
"Kennedy was sentenced to die in 2003 for sexually assaulting his 8 year old stepdaughter in her bed. The crime occurred in a quiet neighborhood in Harvey, across the big river from New Orleans. Besides severe emotional trauma, Louisiana prosecutors said the attack caused internal injuries and bleeding to the child, requiring extensive surgery."
Now you tell me, should this man die, or not? Didn't that little girl die a little that awful night and every night since?
Since it's unlawful for us to torture him in the same way he did to this child, isn't the death penalty actually humane?
As for Jesus and the concept of evil, Patrick Kennedy chose, of his own free will and actions, evil, not good and therefore sealed his fate. Jesus said 'An evil man out of the evil things in his heart speaks and does evil things.' It is time now for Kennedy to die on this earth. If there is another realm, he will meet that judgement all the more quickly.

Posted by: lesmiserables on 08/05/08 at 10:54 PM  Respond

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