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Daily Tech News 1 April 2025
Monday Overnight Open Thread - March 31, 2025 [Doof] Rock-It Man Cafe New Mexico GOP Headquarters Firebombed As Snow Woke Crashes and Burns, Hollywood Scrambles to Cancel Woke Projects In "Crisis Mode Panic" Democrats Defeat Four Conservative Constitutional Amendments in Lousiana Kash Patel: The FBI's Years Long Stonewalling on the 2017 Congressional Baseball Game Assassin Is Over France Convicts Marie Le Pen of Fake Embezzlement, Bans Her From Running in 2027, an Election In Which She is the Front-Runner Trump: "I'm Not Joking," I'm Thinking About Running for a Third Term THE MORNING RANT: Another Climate Apocalypse Deadline Just Passed Absent Friends
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May 17, 2010
Supreme Court DecisionsWhile everyone is focusing on the Kagan nomination, the court continues to wind down its current term. As always at the end of the court's year there are a number of highly anticipated decisions in controversial cases. In Graham v. Florida the court ruled 5-4 that sentencing minors to life in prison without the chance of parole for non-capital crimes is a violation of the 8th Amendments prohibition on "cruel and unusual punishment". The court ruled in the case of Terrance Graham, who was implicated in armed robberies when he was 16 and 17. Graham, now 22, is in prison in Florida, which holds more than 70 percent of juvenile defendants locked up for life for crimes other than homicide. You just knew Kennedy would write this opinion. On a human level I certainly agree with him and the decision. On a legal level I'm not sure how you get that a prohibition on "cruel and unusual punishment" requires the state to allow someone to petition for parole. That's a moral/policy judgment best left to legislatures. However after Kennedy v. Louisiana, it's pretty clear that for the moment the 8th Amendment says whatever Anthony Kennedy says it means. In another highly anticipated case, United States v. Comstock, the court ruled 7-2 (Thomas and Scalia dissented) that the federal government can institute a preventative detention regime to hold those found to be sexually dangerous past their scheduled release date. The decision appears to turn on the meaning of our old friend 'the necessary and proper' clause. Not surprisingly Justice Breyer, writing for the majority, argues for an ad hoc and expansive grant of federal power. We take these five considerations together. They include: (1) the breadth of the Necessary and Proper Clause, (2) the long history of federal involvement in this arena, (3) the sound reasons for the statute’s enactment in lightof the Government’s custodial interest in safeguarding the public from dangers posed by those in federal custody, (4) the statute’s accommodation of state interests, and (5) the statute’s narrow scope. Taken together, these considera-tions lead us to conclude that the statute is a “necessary and proper” means of exercising the federal authority thatpermits Congress to create federal criminal laws, to pun-ish their violation, to imprison violators, to provide appropriately for those imprisoned, and to maintain the securityof those who are not imprisoned but who may be affected by the federal imprisonment of others. The Constitution consequently authorizes Congress to enact the statute. Justice Thomas argues in his dissent (which Scalia joins for the most part) that the Constitution does not authorize any such laws (pdf). Nevertheless, 29 States appear as amici and argue that §4248 is constitutional. They tell us that they do not object to Congress retaining custody of “sexually danger-ous persons” after their criminal sentences expire becausethe cost of detaining such persons is “expensive”—approximately $64,000 per year—and these States would rather the Federal Government bear this expense. Brief for Kansas et al. 2; ibid. (“[S]ex offender civil commitment programs are expensive to operate”); id., at 4 (“these pro-grams are expensive”); id., at 8 (“[T]here are very practical reasons to prefer a system that includes a federal sex offender civil commitment program . . . . One such reason is the significant cost”). I haven't read the decisions all the way through (and I'm not a lawyer) but it's a little unnerving that Roberts and Alito joined in a decision that expands an unenumerated power, especially looking forward to a fight over the ObamaCare mandate. | Recent Comments
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Daily Tech News 1 April 2025
Monday Overnight Open Thread - March 31, 2025 [Doof] Rock-It Man Cafe New Mexico GOP Headquarters Firebombed As Snow Woke Crashes and Burns, Hollywood Scrambles to Cancel Woke Projects In "Crisis Mode Panic" Democrats Defeat Four Conservative Constitutional Amendments in Lousiana Kash Patel: The FBI's Years Long Stonewalling on the 2017 Congressional Baseball Game Assassin Is Over France Convicts Marie Le Pen of Fake Embezzlement, Bans Her From Running in 2027, an Election In Which She is the Front-Runner Trump: "I'm Not Joking," I'm Thinking About Running for a Third Term THE MORNING RANT: Another Climate Apocalypse Deadline Just Passed Search
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