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October 1, 2008

SCOTUS plays foot(note)sie as it denies rehearing in Kennedy

As I had expected (and had predicted here and elsewhere), the Supreme Court denied Louisiana petition for rehearing in the Kennedy child rape case.  Over at Sex Crimes, Corey has this effective post covering this ruling and the footnotes added to the main opinion and the dissent to address the previously overlooked military law that prompted the rehearing petition.  In addition, Justices Kennedy and Scalia wrote short opinions about the rehearing decision.

I may comment more on this decision after I get a chance to consume the specifics and do some posting on the other action from the SCOTUS order list today.  Tony Mauro has this report on the ruling at The BLT, and SCOTUSblog more on all the action from One First Street today.

October 1, 2008 at 11:18 AM | Permalink


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A couple more potshots at the majority by Scalia in what is essentially a concurring opinion in the denial of rehearing...good for a laugh if nothing else.

Posted by: NewFedClerk | Oct 1, 2008 11:37:27 AM

This decision was fundamentally illegitimate.

Posted by: federalist | Oct 1, 2008 12:30:46 PM

So much for the claim that the 8th amendment is not a ratchet.

Posted by: Soronel Haetir | Oct 1, 2008 12:49:30 PM

“This decision was fundamentally illegitimate.”

It is too bad that you were not able to convince the Supreme Court of your point. Maybe if you were a better writer the substantive law would have gone your way.

Posted by: S.cotus | Oct 1, 2008 1:44:33 PM

He's got proof by assertion; what more does he need?

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