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The Power of the SCOTUS II: "Release the Kagan!"

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Re: The Power of the SCOTUS II: "Release the Kagan!"

Priceless said:
The House GOP immediately began an investigation...of Elena Kagan.
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Justice Thomas did not graduate from an SEC school. And you can never investigate a Kennedy.

I think its going to be Rehnquist.
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

Priceless said:
The House GOP immediately began an investigation...of Elena Kagan.
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I don't want to live in a country where someone in a position of power can't accept lots of kickbacks. It's the American way, dammit! :D
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

Kepler said:
Remember: it's only judicial activism when the other side does it. :rolleyes:
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In 2005, as The Atlantic notes, then-President George W. Bush ordered states to comply with international law and give consular access to foreign nationals. Perry, who succeeded Bush in the Texas governor's office, was the only governor to mandate his state not comply.
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Awesome. Perry is another one that found religion in politics. If he gets in Bachmann is going to have a big hill to climb.
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

Kepler said:
Remember: it's only judicial activism when the other side does it. :rolleyes:
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Meh, this was always a long shot, SCOTUS stays a death penalty case even less often than it grants cert.

And, frankly, it's hard to feel sorry for this particular defendant. This wasn't some recent immigrant who didn't know U.S. law - he'd been in the U.S. since he was 2, and committed a heinous crime in Texas.
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

unofan said:
Meh, this was always a long shot, SCOTUS stays a death penalty case even less often than it grants cert.

And, frankly, it's hard to feel sorry for this particular defendant. This wasn't some recent immigrant who didn't know U.S. law - he'd been in the U.S. since he was 2, and committed a heinous crime in Texas.
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Just going to make travelling abroad more difficult. Was it worth it?
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

ScoobyDoo said:
Just going to make travelling abroad more difficult. Was it worth it?
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Yeah. Just don't commit a crime while traveling and you're fine. I know, I know... it's hard to resist the urge to rape and kill teenagers in other countries, but you'll just have to find a way to avoid that situation (or flee the country before they catch you and go to one that doesn't extradite). :p
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

Kepler said:
That's completely beside the point.
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Yeah, I know, but you'll have to forgive me if my injustice meter doesn't go full tilt on this one. Bad cases make for bad law, etc., but in the grand scheme of things, the effect on overseas travel of executing a murderer is miniscule to, say, invading a country due to fabricating evidence.

And our citizens already get screwed in foreign courts, which are often nothing more than kangaroo courts, even in the Western world. Look at Amanda Knox.
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

unofan said:
Yeah, I know, but you'll have to forgive me if my injustice meter doesn't go full tilt on this one.
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Who said anything about "justice"? This is law. ;)

(Also, debasing American institutions to the lowest common denominator sounds familiar.)
 
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Re: The Power of the SCOTUS II: "Release the Kagan!"

Bakunin said:
Yeah. Just don't commit a crime while traveling and you're fine. I know, I know... it's hard to resist the urge to rape and kill teenagers in other countries, but you'll just have to find a way to avoid that situation (or flee the country before they catch you and go to one that doesn't extradite). :p
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To be fair, it is hard to resist the urge to kill teenagers, particularly when they speak.
 
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Re: The Power of the SCOTUS II: "Release the Kagan!"

Bakunin said:
Yeah. Just don't commit a crime while traveling and you're fine.
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Because the only way to get arrested for a crime is to commit it... :rolleyes:

I don't feel sorry for the defendant myself, and I think that on balance, there's no reason to think that his lack of access to consul unfairly prejudiced his defense, but I'm troubled by the typical law-and-order crowd penchant for doing whatever it takes to screw over a defendant. Minute technicality? "He didn't dot all the t's and cross all the i's!" Law get in the way? "Who cares, he's a guilty scumbag!"
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

Also, I'd be a little more receptive to some of the UN boo-hooing if these weren't the same folks fretting over our killing of bin Laden. Sorry guys, better luck next time.
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

WeWantMore said:
Also, I'd be a little more receptive to some of the UN boo-hooing if these weren't the same folks fretting over our killing of bin Laden. Sorry guys, better luck next time.
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From my point of view, the U.N. is completely irrelevant here. What is <em>not</em> irrelevant is the treaty that was signed by the President and ratified by Congress.
 
Re: The Power of the SCOTUS II: "Release the Kagan!"

Craig P. said:
From my point of view, the U.N. is completely irrelevant here. What is <em>not</em> irrelevant is the treaty that was signed by the President and ratified by Congress.
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Again though, point out which part of the appeal had merit. It seems like there's a lot of vague complaining about the outcome in this thread, but yet no one can name an actual complaint with the ruling.

And as for the "ratified by Congress" part, further Congressional action is required. This is a fact acknowledged by both sides. The appeal admitted as much, by relying on the possibility that Congress might act in the future based on the fact that one Senator introduced a bill.
 
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