rssKagan: Death Penalty Is Settled Law
Tuesday, June 29, 2010 at 6:02 pm
- 10 Comments
Supreme Court nominee Elena Kagan told Majority Whip Dick Durbin (D-Ill.) this afternoon that she believes the death penalty is now settled law and that she has “no moral qualms” about advocating for it as solicitor general.
“I do believe the constitutionality of the death penalty is settled precedent going forward,” she said.
She used the issue to again draw distinctions between her philosophy and the philosophy of former Justice Thurgood Marshall, for whom she clerked during the Court’s 1987-1988 term. Marshall was an opponent of the death penalty and was one of the five justices to concur in Furman v. Georgia that Georgia’s uneven application of the death penalty constituted cruel and unusual punishment.
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10 Comments
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Comment posted June 29, 2010 @ 10:47 pm
Well that's a bummer, I'd have been a lot happier if she just avoided the question.
Comment posted June 29, 2010 @ 11:21 pm
That is a nonsensical response. The Supreme Court isn't in the business of deciding “settled” issues: if the issue is “settled,” the Court typically denies the petition for cert. There continue to be “unsettled” questions regarding the death penalty; that is why the Supreme Court has reviewed a number of death penalty cases in recent years.
And her role as Solicitor General requires her to be an advocate, even for positions she does not personally agree with. That does not equate to how one should or will rule as a judge.
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