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A Summary of the Petitioner's Argument

By Corey Rayburnyung

Here is my summary of the key arguments on my first read through of the transcript of the Petitioner's argument: Interestingly, Scalia starts the questioning of the Petitioner on the second, narrowing issue. This gives some credence to my idea that a coalition of judges may strike down the Louisiana statute as applied to Kennedy because of the second issue raised by the Petitioner.  However, the statute may survive in its current form (now that it has been amended to allow for narrowing post-guilt phase) and the other five states would be able to distinguish their statutes from the Louisiana law. Souter follows Scalia's lead and also turned first to the narrowing issue. Ginsburg raises an argument that Coker may not be controlling law because there was no clear majority opinion...continue to full post

Full post as published by Sex Crimes on April 16, 2008 (boomark / email).