June 25, 2008
Strong SCOTUSblog coverage of Kennedy and Exxon
As regular readers know, I think many folks get overpunished in American society, but I have never had corporations and child rapists high on my list of those needing extra protection from the Justices. Nevertheless, as Kevin Russell effectively highlights in this effective post, a majority of Justices views differently as evidenced by the outcomes in Kennedy and Exxon .
Here are links to the two opinions, which I hope to consume and discuss later (perhaps much later) today:
The opinion by Justice Souter in Exxon v. Baker (07-219), the punitive damages case, is available here. The opinion by Justice Kennedy in Kennedy v. Louisiana (07-343), the child rape case, is available here.
In the meantime, everyone should check out the very copious and thoughtful commentary coming from Corey Yung (who gets cited in the majority opinion in Kennedy) at Sex Crimes.
June 25, 2008 at 02:02 PM | Permalink
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Doug: I have not read the Exxon case, but from the Syllabus I see it has a section explaining that the Court has selected a numerical rather than a verbal formula for controlling punitive damages based on its perception that setting a verbal formula has not succeeded in the post-Booker sentencing realm. I'd be very interested to see your explication of and commentary on that passage.
Posted by: Peter G | Jun 25, 2008 9:54:23 PM