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New Article about Kennedy v. Louisiana

By Corey Rayburnyung

Bidish Sarma has written a short article at the Yale Journal Pocket Part about the legacy of the Court's decision in Kennedy v. Louisiana. Sarma was involved in the litigation, so the article comes from an interesting perspective. I think the article is a valuable contribution to defining what Kennedy will stand for in future cases. On that point, this is what Sarma had to say:The decision?s lasting legacy shall emerge from the Court?s ?independent judgment? analysis. The majority stated that it struck down Louisiana?s law because of ?both [the] consensus and our own independent judgment.? In his statement respecting denial of rehearing, Justice Scalia contended that the majority opinion turned only on the independent judgment of the Court; ?there is no reason to believe that absence of a national consensus would provoke second thoughts...continue to full post

Full post as published by Sex Crimes on October 15, 2008 (boomark / email).