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Legal Commentary

: Althouse

McCain on the child rape/death penalty case. UPDATE: Obama's opposes the decision too!

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"As a father, I believe there is no more sacred responsibility in American society than that of protecting the innocence of our children. I have spent over twenty-five years in Congress fighting for stronger criminal sentences for those who exploit and harm our children. Today?s Supreme Court ruling is an assault on law enforcement?s efforts to punish these heinous felons for the most despicable crime. That there is a judge anywhere in America who does not believe that the rape of a child represents the most heinous of crimes, which is deserving of the most serious of punishments, is profoundly disturbing."

UPDATE: So that was McCain's response, and Obama opposes the decision too:

"I have said repeatedly I think the death penalty should be applied in very narrow circumstances, for the most egregious of crimes... [But] I think that the rape of a small child, 6 or 8 years old, is a heinous crime, and if a state makes a decision that under narrow, limited, well defined circumstances, the death penalty is at least potentially applicable, that does not violate our Constitution."
So, Obama has (cleverly or sincerely) deprived McCain of an issue, it seems. And yet the most relevant question is Supreme Court appointments. You might think that it's rather predictable that Obama, given the opportunity to nominate a new Justice, will choose someone who would almost surely have joined today's majority. Ask him: You've said you oppose the Supreme Court's decision in Kennedy v. Louisiana, but does that mean you will try to pick Justices in the mold of Roberts, Scalia, Thomas, and Alito. See? You don't need to ask. You already know the answer. But don't be too confident that McCain would choose Justices who would have joined today's dissent. I wouldn't bet on that either.

Full post as published by Althouse on June 25, 2008 (boomark / email).

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