The Corner

Law & the Courts

Justice Barrett and the Death Penalty

The justice’s critics hit her coming and going. Because she collaborated on a law-review article that argued, 22 years ago, that Catholic judges might have to recuse themselves from certain types of death-penalty cases, progressives (and the odd conservative) portrayed her as a theocrat. Now she is being criticized for allegedly flouting Catholic teaching by allowing an execution to go forward.

The article develops a nuanced view, arguing, for example, that a judge who considers the death penalty immoral need have no qualms about ruling that the Constitution allows states to impose it. This view seems to me not only defensible, but broadly correct — and considerably better thought-through than anything her critics have come up with.

Ramesh Ponnuru is a senior editor for National Review, a columnist for Bloomberg Opinion, a visiting fellow at the American Enterprise Institute, and a senior fellow at the National Review Institute.

Most Popular

White House

Trump’s Disgraceful Endgame

President Trump said the other day that he’d leave office if he loses the vote of the Electoral College on December 14. This is not the kind of assurance presidents of the United States typically need to make, but it was noteworthy given Trump’s disgraceful conduct since losing his bid for reelection to ... Read More
White House

Trump’s Disgraceful Endgame

President Trump said the other day that he’d leave office if he loses the vote of the Electoral College on December 14. This is not the kind of assurance presidents of the United States typically need to make, but it was noteworthy given Trump’s disgraceful conduct since losing his bid for reelection to ... Read More
Elections

The Stolen-Election Narrative Needs to End

Happy Cyber Monday! On the menu today: The president speculates that the U.S. Department of Justice and FBI may be involved in the effort to steal the election from him; China hopes that you and the rest of the world forget how the pandemic started; and the 2020 edition of the annual NR Cyber Monday shopping ... Read More
Elections

The Stolen-Election Narrative Needs to End

Happy Cyber Monday! On the menu today: The president speculates that the U.S. Department of Justice and FBI may be involved in the effort to steal the election from him; China hopes that you and the rest of the world forget how the pandemic started; and the 2020 edition of the annual NR Cyber Monday shopping ... Read More
White House

A Justified Pardon

President Trump’s pardon of retired General Michael Flynn, who fleetingly served as his first national-security adviser, was a justified act of clemency. You don’t have to be a fan of how Trump has wielded his pardon power (often recklessly and on behalf of friends and supporters) or believe that Flynn was ... Read More
White House

A Justified Pardon

President Trump’s pardon of retired General Michael Flynn, who fleetingly served as his first national-security adviser, was a justified act of clemency. You don’t have to be a fan of how Trump has wielded his pardon power (often recklessly and on behalf of friends and supporters) or believe that Flynn was ... Read More