It's funny to see conservatives still whining about SCOTUS' recent decision in The State of Louisiana vs. Patrick Kennedy, with the justices 5-4 vote letting Kennedy live after it was decided, correctly, that capital punishment should only be considered in cases where someone is killed. I've cited on this blog numerous reasons why the death penalty is wrong: it's immoral, racist, the government cannot be entrusted with the most important decision that can impact a person's life, capital punishment is not a deterrent to crime and it's prime motive is nothing but revenge. Despite these facts, the righteous "kill and be killed!" crowd are now citing slip-ups in Louisiana vs. Kennedy and crying for a do-over. Yet, a fair and balanced response the latest whine in The Washington Post puts them in their place:
For the Supreme Court to grant a rehearing in this case would reward irresponsible parties for what is akin to malpractice. The lawyers for the state of Louisiana could have readily noted the Uniform Code of Military Justice's law regarding rape and capital punishment. They didn't. Justice Department lawyers easily could have caught it, too. They didn't. And the Supreme Court's cadre of law clerks, especially those who work for Justices Anthony M. Kennedy and Samuel A. Alito Jr., could have done some independent research and caught it. But they didn't.
Against this backdrop of professional carelessness, your editorial called for a rehearing. But this would only compound the problem. What precedent will the court set if it allows a second chance every time someone does shoddy work?
As for justice being served: Convicted child rapist Patrick Kennedy, whose case the high court decided, will live, albeit in prison. The union will survive. And the law in this area could be reconsidered in another case, such as one involving a soldier charged with child rape. Meanwhile, any request for a rehearing should be denied. Case closed.
It's the idea that a death penalty supporter can live with themselves when a state sanctioned murder kills an innocent person that scares me the most.