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Justice Dept. Admits Error in Not Briefing Court

By standdown

That's the title of Linda Greenhouse's report in today's New York Times.  LINKIn a highly unusual admission of error, the Justice Department acknowledged on Wednesday that government lawyers should have known that Congress had recently made the rape of a child a capital offense in the military and should have informed the Supreme Court of that fact while the justices were considering whether death was a constitutional punishment for the crime. ?It?s true that the parties to the case missed it, but it?s our responsibility,? the department?s public affairs office said in a statement. ?We regret,? the statement said, ?that the department didn?t catch the 2006 law when the case of Kennedy v. Louisiana was briefed.? In that case, decided June 25 by a vote of 5 to 4, the court ruled that the Constitution prohibits the death penalty for the rape of a child...continue to full post

Full post as published by StandDown Texas Project on July 03, 2008 (boomark / email).