The Corner

Consensus Building … In Reverse

According to the New York Times, 85 Republicans in the House have submitted a letter to the Supreme Court asking it to reconsider its ruling in Kennedy v. Louisiana which invalidated the state’s death penalty for child rapists.  The decision was based, in large part, on a huge error — the Court divined an emerging national consensus against capital punishment for rape when, in fact (and overlooked by the justices), Congress had enacted a law providing for just such punishment less than two years earlier.

It seems to me this is the wrong approach with the five justices to whom the letter appeals.  By the logic of the Court’s liberal bloc, the fact that 85 members signed the letter will be taken to mean that 350 lawmakers in the House did not.  Add 100 non-signing senators to the mix and you have … an emerging congressional consensus in favor of the Court’s decision.

I know it doesn’t make sense, but you watch.

Most Popular

Film & TV

A Sad Finale

Spoilers Ahead. Look, I share David’s love of Game of Thrones. But I thought the finale was largely a bust, for failings David mostly acknowledges in passing (but does not allow to dampen his ardor). The problems with the finale were largely the problems of this entire season. Characters that had been ... Read More
Politics & Policy

The Great Misdirection

The House Democrats are frustrated, very frustrated. They’ve gotten themselves entangled in procedural disputes with the Trump administration that no one particularly cares about and that might be litigated for a very long time. A Washington Post report over the weekend spelled out how stymied Democrats ... Read More
NR Webathon

We’ve Had Bill Barr’s Back

One of the more dismaying features of the national political debate lately is how casually and cynically Attorney General Bill Barr has been smeared. He is routinely compared to Roy Cohn on a cable-TV program that prides itself on assembling the most thoughtful and plugged-in political analysts and ... Read More