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Today's New York Times Kennedy Article: Matthew Franck at Bench Memos has a post discussing why Linda Greenhouse's article on Kennedy made the front page of the New York Times today. The article, summarized in our News Scan, can be found here. As Greenhouse points out in the article, the factual error relied on by the majority opinion went to a "central part of the court?s analysis." In his post, Franck wonders how this error escaped all nine Justices' attention. The oversight is particularly disconcerting because the Kennedy majority based its opinion on its understanding of "evolving standards of decency." This worries Franck because: "When the Court consults "objective evidence of contemporary values," it engages in something other than legal reasoning...continue to full post

Full post as published by Crime and Consequences on July 02, 2008 (boomark / email).