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Washington Post editorial supports rehearing in Kennedy child rape case

By Douglas A. Berman

I am very pleased to see that the Washington Post, in this new editorial, is encouraging the Supreme Court to rehear the Kennedy child rape case in the wake of the discovery that the Justices got a key fact about federal law wrong.  Here is how the effective editorial ends:The Supreme Court's legitimacy depends not only on the substance of its rulings but also on the quality of its deliberations. That's why we think the court needs to reopen this case -- even though we supported its decision.  The losing party, Louisiana, still has time to seek a rehearing, which the court could grant with the approval of five justices, including at least one from the majority.  The court could limit reargument to briefs on the significance of the UCMJ provision...continue to full post

Full post as published by Sentencing Law and Policy on July 05, 2008 (boomark / email).