In Supreme Court loss, death penalty foes see an opening
Business Law
A strongly worded dissent in the U.S. Supreme Court's narrow decision this week upholding the use of an execution drug offered a glimmer of hope to death penalty opponents in what they considered otherwise a gloomy ruling. One advocate went so far Tuesday as to call it a blueprint for a fresh attack on the legality of capital punishment itself.
But even those who see Justice Stephen Breyer's dissent as a silver lining think it will take time to mount a viable challenge.
And Breyer's words don't change the fact that the Supreme Court has consistently upheld capital punishment for nearly four decades. The five justices forming the majority in Monday's decision made it clear they feel that states must somehow be able to carry out the death penalty.
In disagreeing with the 5-4 ruling that approved Oklahoma's use of an execution drug, Breyer, joined by Justice Ruth Bader Ginsburg, called it "highly likely that the death penalty violates the Eighth Amendment," which protects against cruel and unusual punishment.
"It was a sweeping and powerful dissent that issues an invitation that we should accept, which is to make the case for why today the death penalty itself is no longer constitutional," said Cassandra Stubbs, director of the Capital Punishment Project of the American Civil Liberties Union.
Related listings
-
NY court: Lap dances are not art and are taxable
Business Law 10/24/2012Lap dances are taxable because they don't promote culture in a community the way ballet or other artistic endeavors do, New York's highest court concluded Tuesday in a sharply divided ruling. The court split 4-3, with the dissenting judges saying the...
-
Alabama court reconsiders prepaid tuition ruling
Business Law 07/12/2012The Alabama Supreme Court on Wednesday reopened a lawsuit over whether Alabama's prepaid college tuition program can pay less than full tuition for students. The court, in a 7-0 decision, told a lower court to look at whether state officials can retr...
-
Appeals court rejects waste storage at nuke plants
Business Law 06/09/2012A federal appeals court on Friday threw out a rule that allows nuclear power plants to store radioactive waste at reactor sites for up to 60 years after a plant shuts down. In a unanimous ruling, a three-judge panel of the U.S. Court of Appeals for t...
Victorville CA DUI defense Attorneys
The outcome of a DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.
The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case.
Our attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you. .