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: Southwest Virginia Law Blog

The vice of moderate legislation

By Steven R. Minor

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Justice Kennedy's opinion for the majority in Kennedy v. Louisiana might inspire some legislators (like the ones we read about from Virginia and Tennessee) to reject moderation in matters governed by the Eighth Amendment.

The legislators might say to themselves, we all need to take the extreme view on this, otherwise the Supreme Court will get the wrong idea the next time it surveys the views of "society."

Full post as published by Southwest Virginia Law Blog on June 25, 2008 (boomark / email).

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