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Medellin, Kennedy, and the Meaning of Silence

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That's the title of Lyle Denniston's must-read commentary at SCOTUS Blog this morning.  LINK  Here's the beginning:Many thousands of words about the death penalty have been written or spoken to or by the Supreme Court in recent months, but in the past few days the Court ? supposedly on its summer break ? has had to think hard about the meaning of silence. It is being asked, by the U.S. Solicitor General and the state of Louisiana, to reopen its decision in Kennedy v. Louisiana (07-343) to fill in a gap in that ruling about Congress and the death penalty for the crime of child rape.  And, on Tuesday night, a majority of the Court actually based its decision in the death penalty case of Medellin v. Texas (08-5573) in part on the silence of the Solicitor General and a gap in utterance by Congress...continue to full post

Full post as published by StandDown Texas Project on August 06, 2008 (boomark / email).