Posted by Tina
One of the Supreme Court rulings handed down last month apparently contains an error. The case in question is the death penalty child rape case:
Supreme Courts Embarrassing Error Clarice Feldman, American Thinker
A blogger, Caaflog, caught Justice Kennedy having made the biggest error in modern Supreme Court history that I can recall. In the death penalty child rape case, when he said that the death penalty for this crime was “against evolving standards” he overlooked, what a blogger found, that in 2006 Congress itself had made rape of a child a crime subject to the death penalty under the military code. ** No clerk or justice caught this error which is significant and completely undermines the justification for Kennedy’s swing vote in this case.Indeed, the entire case it seems to me is of dubious precedential value having been based on a clear factual error of great significance. ** How can something be against “evolving standards” when Congress elected by the people of the land just endorsed it?
Good question. The link takes you to an updated version of the post that includes the rule that applies for consideration of a rehearing.