About the Federalist Society
Each semester, we work to promote awareness of these principles at UM Law and beyond, through a wide range of activities including speeches and debates, as well as social and networking events. For more information, visit the national Federalist Society website, or contact us.
Supreme Court today holds that the death penalty is unconstitutional as to minors. I think there are many ways in which this opinion is deeply flawed. One only needs to read Justice Kennedy's recitation of the gruesome facts of this case in the majority opinion and one will be left shaking one's head at the outcome of the case. The Court's opinion in this case will only serve to perpetuate and deepen the "victimization" of American society where one can find many ways to avoid accountability for one's actions. Justice Scalia's dissent, in a crystal clear manner, points out the numerous flaws in this opinion. But the most disturbing part of the Court's opinion is its reliance on international law in reaching its conclusion. Even scarier is that Justice O'Connor, in dissent, supports the Court's use of legal principles external to American jurisprudence. It is quite unnerving to see a Supreme Court Justice write that the meaning of the Eighth Amendment is defined not by its origninal meaning, and not even by some morphed current meaning, but must be viewed through the lens of international law. Even more shocking is Justice Kennedy's statement that this principle does not offend the notions of our Constitution. I thought that was the whole point of our Constitution and American Society. If our founders had followed the consensus of international law, America would have been founded as some form of monarchy rather than the brilliant federalist democracy that emerged from Philadelphia in the late 1700's. But now, we are to make our law subservient to notions of other nations, many of which do not even share our commitment to democracy and individual freedom. This trend is quite unnatural, and despite the confidence of Justice Stevens and Ginsburg, I am quite sure that the Founders would be appalled at the notions espoused by the Majority in this opinion regarding international law.
###