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?

THE BIG QUESTION...

as we head into 2020 is whether politics and media will be a billionaires’ game, or a playing field where the rest of us have a shot. That's what Mother Jones CEO Monika Bauerlein tackles in her annual December column—"Billionaires Are Not the Answer"—about the state of journalism and our plans for the year ahead.

We can't afford to let independent reporting depend on the goodwill of the superrich: Please help Mother Jones build an alternative to oligarchy that is funded by and answerable to its readers. Please join us with a tax-deductible, year-end donation so we can keep going after the big stories without fear, favor, or false equivalency.

THE BIG QUESTION...

as we head into 2020 is whether politics and media will be a billionaires’ game, or a playing field where the rest of us have a shot.

Please read our annual column about the state of journalism and Mother Jones' plans for the year ahead, and help us build an alternative to oligarchy by supporting our people-powered journalism with a year-end gift today.

We Recommend

Latest

Sign up for our newsletters

Subscribe and we'll send Mother Jones straight to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate

We have a new comment system! We are now using Coral, from Vox Media, for comments on all new articles. We'd love your feedback.