Bench Memos

NRO’s home for judicial news and analysis.

Re: Tribal Thinking


One unrelated additional point on Larry Tribe’s op-ed (discussed here):  Tribe inaccurately states that the Court majority in Kennedy v. Louisiana “held … that the death penalty must be reserved for killers and traitors.”  In fact, the majority drew a distinction between “crimes against individual persons”—where it barred the death penalty in “instances where the victim’s life was not taken”—and “offenses against the State”.  In this latter category, the majority placed not only treason but also “espionage, terrorism, and drug kingpin activity.”

Tags: Whelan


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