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Briefs Submitted in Kennedy v. Louisiana

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At SCOTUS Blog, Lyle Denniston writes, "Final brief on Kennedy v. Louisiana."  Here's an excerpt:In the final brief to be filed before the Supreme Court decides whether to reconsider a major ruling on the death penalty, the state of Louisiana cautioned the Justices not to make the issue depend solely upon the Court?s own constitutional perceptions, arguing that Congress and the state legislatures are entitled to their say, too. ?This Court has never resorted to its independent judgment alone to void a punishment under the Eighth Amendment,? the state?s lawyers said in a supplemental brief filed in Kennedy v. Louisiana (07-343). The Court, at the request of Louisiana, is pondering whether to rehear its June 25 decision striking down the death sentence for the crime of raping a child...continue to full post

Full post as published by StandDown Texas Project on September 25, 2008 (boomark / email).