From "Courting Disaster" by Jonah Goldberg:
But then there's the question of the Supreme Court. And here, at least for me, skepticism melts away into real anxiety, even panic.
Consider the stunning decision handed down from the Supreme Court this week.
The court ruled that the state of Kentucky may continue to use lethal injections when administering the death penalty. But that's not what's shocking. Nor was it surprising that for the first time Justice John Paul Stevens admitted he thinks the death penalty is unconstitutional.
What is staggering, or at least should be, is that Stevens freely
admits that he no longer considers "objective evidence" or even the plain text of the Constitution determinative of what is or isn't constitutional: "I have relied on my own experience in reaching the conclusion that the imposition of the death penalty" is unconstitutional.
Justice Antonin Scalia, in a blistering response, justifiably exclaimed
that, "Purer expression cannot be found of the principle of rule by judicial fiat."
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