Do They WANT Vigilantism

Today’s Kennedy v. Louisiana Supreme Court ruling (PDF file) is another 5-4 “victory” for the politically Left-leaning members of the Court. Beginning at page seven in the decision is a graphic description of what the scrote did to his eight year old stepdaughter. That description begins:

Petitioner’s crime was one that cannot be recounted in these pages in a way sufficient to capture in full the hurt and horror inflicted on his victim or to convey the revulsion society, and the jury that represents it, sought to express by sentencing petitioner to death.

He’s right. By the end of it I was wondering why the sack of excrement was still breathing. This is Louisiana, right? Don’t they have a lot of swamp and alligators down there?

I have a nine year old granddaughter. If some subhuman did this to her, I’d sit in a prison cell for the rest of my life, or take the needle content in knowing that he’d never do it to anyone else – ever, at the same time anguished that I hadn’t prevented it in the first place. I’ve made this point before.

Justice Alito wrote the dissent. It begins on page 42:

The Court today holds that the Eighth Amendment categorically prohibits the imposition of the death penalty for the crime of raping a child. This is so, according to the Court, no matter how young the child, no matter how many times the child is raped, no matter how many children the perpetrator rapes, no matter how sadistic the crime, no matter how much physical or psychological trauma is inflicted, and no matter how heinous the perpetrator’s prior criminal record may be. The Court provides two reasons for this sweeping conclusion: First, the Court claims to have identified “a national consensus” that the death penalty is never acceptable for the rape of a child; second, the Court concludes, based on its “independent judgment,” that imposing the death penalty for child rape is inconsistent with ” ‘the evolving standards of decency that mark the progress of a maturing society.’ ” Because neither of these justifications is sound, I respectfully dissent.

He then goes into a heavily annotated and deeply legal discussion of the existing precedents, but to my mind this is the key graph of the dissent:

The Court is willing to block the potential emergence of a national consensus in favor of permitting the death penalty for child rape because, in the end, what matters is the Court’s “own judgment” regarding “the acceptability of the death penalty.” Although the Court has much to say on this issue, most of the Court’s discussion is not pertinent to the Eighth Amendment question at hand. And once all of the Court’s irrelevant arguments are put aside, it is apparent that the Court has provided no coherent explanation for today’s decision.

(My emphasis.) In essence, Alito just illustrated that the court did what Alex Kozinski called constitutionalizing their personal preferences – “build(ing) magnificent legal edifices on elliptical constitutional phrases – or even the white spaces between lines of constitutional text.”

Today on the Hugh Hewitt radio program Hugh had “the Smart Guys” on again – Law professor (and now Dean of the new U.C. Irvine School of Law) Erwin Chemerinsky and Chapman University Dean John Eastman. Chemerinsky was ecstatic over the “evolving standards of decency” language of the decision. I’m trying to get a transcript of that portion of the show, because it is a textbook example of “Living Document” interpretation of the Constitution, and Alito points it out here. Alito makes one more excellent point:

The Court’s final — and, it appears, principal — justification for its holding is that murder, the only crime for which defendants have been executed since this Court’s 1976 death penalty decisions, is unique in its moral depravity and in the severity of the injury that it inflicts on the victim and the public. But the Court makes little attempt to defend these conclusions.

With respect to the question of moral depravity, is it really true that every person who is convicted of capital murder and sentenced to death is more morally depraved than every child rapist? Consider the following two cases. In the first, a defendant robs a convenience store and watches as his accomplice shoots the store owner. The defendant acts recklessly, but was not the triggerman and did not intend the killing.

In the second case, a previously convicted child rapist kidnaps, repeatedly rapes, and tortures multiple child victims. Is it clear that the first defendant is more morally depraved than the second?

One wonders how Justice Alito managed to refrain from accusing the Court’s majority in this case of moral depravity of their own.

As an aside, my boss has his own idea as to how child-rapists should be punished.

In Premature Celebration…

…I’m going to spend the rest of my short evening loading 100 rounds of .308 Winchester with 155 grain Lapua Scenar bullets and Varget powder. I need to make a trip to the range this weekend, and I want to see how the 5R likes the lighter projectile.

Keep your fingers crossed.

Oh, THAT Should Be Fascinating

Oh, THAT Should Be Fascinating

The D.C. Wire reports:

The U.S. Supreme Court today did not release its long-awaited ruling on whether the District’s handgun ban violates the Second Amendment. That means the potentially landmark decision will almost certainly come tomorrow morning when the court is planning to issue the last of its rulings for the term. The case, District of Columbia v. Heller, which was argued nearly four months ago, could settle the decades-old debate over whether the Second Amendment grants individuals the right to own firearms.

Mayor Adrain M. Fenty is planning to hold a news conference at the John A. Wilson Building after the decision is announced.

It should be every bit as well-reasoned and factual as his last one.

And the Verdict IS

And the Verdict IS…

Exxon v. Baker – $2.5 Billion in punitive damages was too much. $507.5 million, tops, to match the compensatory damages.

Kennedy v. Louisiana – baby-rapers don’t get the death penalty unless you can prove an intent to commit murder. If no one died, then… No one dies.

One more opinion pending today (leaving four for Thursday)…. (@ 10:11 Eastern time)

Giles v. California. I’m not real sure what this one is, but Scalia wrote the majority opinion. You can read it here. (PDF file)

SCOTUSblog says “at least one more decision coming” leaving three for Thursday…

No Heller today. I guess the Justices want to be on a plane out of town when that one hits the 6 o’clock news. Thursday it is.

The last decision of the day is Plains Commerce v. Long Family Land and Cattle. Be still, my beating heart. Another 5-4 wherein the eeeevil right-wing has stolen more from the Red Man. Ginsberg, Stevens, Souter and Breyer dissented.

The Court has announced that “all of its remaining opinions” will be released tomorrow at 10:00AM Eastern.

Heller is tomorrow, for sure. It will not carry over.

UPDATE: Read this related piece at Concurrent Opinions.

In Keeping with Harshing Your Mellow

In Keeping with Harshing Your Mellow…

I would not be at all surprised if SCOTUS hands down the Heller decision today, since there has been another rampage shooting in a workplace this morning.

An employee shot and killed four of his fellow workers at a plastics plant in Henderson, Ky., on Wednesday, before shooting himself, the police said.

Two other workers at the plant, Atlantis Plastics, were also shot and they were transferred to hospitals in Evansville, Ind., the Henderson Police Department said in a statement. “The cause behind this incident is unknown, however, the suspect is known to have gotten into an argument with a supervisor earlier in the evening,” the police statement said.

After the argument, the suspect left the plant for his regular break and when he returned he was carrying a handgun, police said. The identities of the victims and of the suspected killer were not immediately released, and it was not clear whether the supervisor was among those killed.

According to the radio report I listened to on the way in to the office this morning, the shooter went home, got a gun, came back and started shooting.

Boy, it’s a good thing that people aren’t allowed to keep firearms in their cars at work, isn’t it? That kind of “common-sense thinking” prevents this sort of incident!

Right?

So, anyway, with this story starting off the day, I will not be surprised for SCOTUS to say, today, in Tam’s words,

“It’s an individual right, but only not.”

Sorry, but the more I consider it, the less likely I find the idea that the courts will save us, and I’ve felt that way a LONG time.

Quote of the Day

Quote of the Day

I am incredibly lucky. I exist in the middle of the American middle class – the graviest of the gravy trains in the history of the planet. Hell, if I had a blindfold, a million darts, and a map of the world, nine-hundred-thousand throws would land me in a place worse off than here and now, and a lot of those would be traumatically worse. – Mike, in Wheel of Fortune at MIKE-ISTAN

Sometimes I need to be reminded of that, myself.

No Heller Today

No Heller Today

SCOTUSblog reports that only three of the remaining ten decisions for this term were announced today. They also report:

The only opinion remaining from the March sitting is Heller. The only Justice without a majority opinion from that sitting is Justice Scalia.

Further:

The Court has announced that it will release opinions against(sic) at 10am Wednesday. Because seven opinions remain, it will almost certainly have one additional day. Based on past practice, that day likely will be Thursday.

Anybody taking bets on Heller being announced Thursday?

Quote of the Day

Quote of the Day

Criminals are often poor people who are led away in chains and go to state prison, for decades or lifetimes, for using guns as weapons against taxpayers. Politicians wear nice suits, drive luxury cars, and when they go to prison—federal prison, and only for a few months—they go away for using government as a weapon against taxpayers.

It is all about power in the end. – John Kass, Chicago Tribune, Of course it’s fair that they have guns and you don’t

RTWT – it’s worth your time.

Of course, politicians only go to jail if they use that weapon too obviously. Generally they get off scot-free.

More Unintended Consequences

More Unintended Consequences

Or were they really unintended?

Do you own a turbo-diesel pickup truck? Buy it on the understanding that you could get good performance and fairly decent mileage, and your fuel would cost less than gasoline? Do you own a diesel car for the same reasons?

Are you now pissed off that diesel costs more, significantly more, than gasoline? Have you been blaming it on Congress for passing “low sulfur” restrictions? Do you believe that it costs more at the pump because it costs more to refine?

You’d be wrong.

One reason why diesel fuel today is higher priced than gasoline is because of the unintended consequences of the 2007 EPA mandated ULSD (Ultra Low Sulfur Diesel) fuel – and not necessarily because it costs more to produce…

Everything changed in October of 2006, when the new U.S. ULSD regulations were implemented. Current U.S. ULSD is regulated to contain no more than 15-parts per million sulfur. In actual practice, U.S. ULSD contains just 7 or 8-ppm, which perhaps not coincidentally allows our ULSD to meet the somewhat stricter 10-ppm sulfur regulations in Europe. So, ULSD produced here in the United States has, for the first time, become acceptable for use in Europe. According to a 2/08 article in Reuters entitled “ANALYSIS-Exports keep U.S. diesel prices above gasoline“, they reported that U.S. diesel fuel is currently being exported in quantity. The economics of “Supply & Demand” no longer apply to the U.S. diesel fuel market. American truckers could boycott diesel fuel, and it wouldn’t necessarily produce lower diesel fuel prices.

According to a June 2008 article at MSN, entitled: Why is the U.S. exporting gasoline and diesel?, they report that U.S. oil companies were exporting more than 1.8 million barrels of crude oil, gasoline, diesel, jet fuel and other refined products per day. The top five buyers of U.S. petroleum products were Mexico, Canada, the Netherlands, Chile and Singapore. This article also indicated that Venezuela owns three CITGO refineries in the United States, and that about 30,000 barrels of refined products per day are being shipped back to Venezuela, where government-subsidized gas/diesel is currently being sold for a whopping $0.19 per gallon. If we weren’t exporting diesel fuel, there would be more of a surplus, which could result in parity between gas and diesel fuel prices. What can we do? What should we do?

Hey, Maxine Waters and Maurice Hinchey, how about we “socialize” CITGO’s refineries? I’m sure your good buddy Hugo Chavez wouldn’t mind a bit!

In associated news, the same article reports:

Surprisingly, most of the world’s “unconventional” sources of oil exist right here in the United States. These unconventional sources include the vast oil shale deposits called the Green River Formation, which are found spanning an ancient 17,000 square mile lake bed beneath Colorado, Utah and Wyoming (80% on federal lands). Oil shale can produce anywhere from 22-40 gallons of oil per ton of oil shale. A barrel of crude oil contains 42 gallons. Based on current extraction technology, at least 100 billion barrels of “commercially viable” crude oil is thought to exist in Green River Formation. (Note: the total amount of all oil shale within the U.S. is thought to contain a staggering 1.4 trillion barrels of crude oil, which is more than four times the estimated historic levels of oil found beneath Saudi Arabia.) With a current U.S. consumption rate of 20 million barrels per day, 100 billion barrels of crude oil derived from oil shale could meet all of the U.S. oil consumption needs for another 14 years – all by itself. See: www.fossil.energy.gov to learn more.

Shell scientists have created the technology required to economically extract large amounts of crude oil from oil shale without wrecking the environment. In fact, Shell’s method is capable of extracting high quality light crude oil from oil shale deposits utilizing heated wells – not a rock mill operation, which does little damage to the environment. According to a November 2007 article in CNN Fortune – online magazine, a Department of Energy study was referenced that indicates the Green River deposits are predicted to produce 2 million barrels of oil per day by 2020 and as many as 5 million barrels per day by 2040 – assuming of course, that the environmental lobby and Washington could be convinced that the future of the U.S. depends on us becoming energy independent. Indeed, this level of production would rival that of the largest conventional oilfields in the world. 2007 estimates for cost per barrel came in at a low of $30/barrel, while cost estimates for a broader range of oil shale deposits range from a low $30 to as high as $90 per barrel. Shell’s production methods are expected to yield more than one million barrels of oil per acre. Keep in mind that the Green River Formation encompasses 17,000 square miles.

I was certain I’d referenced Shell’s extraction technology, called the “in situ conversion process” here before, but damn if I can find the piece now.