Andy, I understand everything in your piece today (even if I don’t agree with all of it), but the Eighth Amendment?!? I agree that starving Terri Schiavo would be “cruel” and perhaps even “unusual,” but it is not “punishment” within the meaning of the amendment — certainly not as an originalist matter, and not even under the Court’s modern, embellished interpretations.
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Jonathan H. Adler is a professor at William & Mary Law School.
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