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Looking back playfully before looking forward to the new SCOTUS term

By Douglas A. Berman

I have not spent too much time on Supreme Court previews recently (partially because Ryder Cup previews are more timely and somewhat more interesting these days).  But, especially with the new Term about to start, I had extra fun reading this great "revue" of last SCOTUS Term from the pen of Jon Elwood, which is titled "What Were They Thinking -- The Supreme Court in Revue, October Term 2009." Here are a couple of amusing paragraphs from the revue focused on the Court's Eighth Amendment work last Term: If you noticed that society refilled the tank without being asked the last time it borrowed the car, you?re not alone in marking the progress of a maturing society.  Justice Kennedy has been sufficiently impressed that he?s recently voted (and sometimes written opinions) to render unconstitutional previously lawful sentencing practices under the Eighth Amendment?s Cruel and Unusual Punishments Clause ? think Atkins v...continue to full post

Full post as published by Sentencing Law and Policy on October 01, 2010 (boomark / email).