The Discerning Texan

All that is necessary for evil to triumph, is for good men to do nothing.
-- Edmund Burke
Saturday, July 05, 2008

WaPo Admits (to ONE of the) Supreme Court Screw-Ups

Well, it only took them three days to get around to a story that was highlighted here and elsewhere in the blogosphere. Yes, the Supreme Court did "create law" out of the thin air, AND it lied about precedent. (in fact there were two factual errors in recent court writings highlighted here, one on June 26 (in a Stevens dissent) and the second on July 2 --and this one even the Washington Post noticed; well, better late than never:
WHEN A NEWSPAPER gets its facts wrong, it's supposed to publish a correction, and, if someone's reputation has been harmed, a retraction and apology. It can be embarrassing, but the occasional taste of crow probably does more good than harm to the media's credibility.

But what if the Supreme Court not only blows a key fact but also bases its ruling, in part, on that error? There was quite a goof in the court's 5 to 4 decision on June 25 banning the death penalty for those who rape children. The majority determined that capital punishment for child rape was unconstitutional, in part because a national consensus had formed against it. As evidence, the court noted that "37 jurisdictions -- 36 States plus the Federal Government -- have the death penalty. [But] only six of those jurisdictions authorize the death penalty for rape of a child." Actually, only two years ago, Congress enacted a death penalty for soldiers who commit child rape, as part of an update to the Uniform Code of Military Justice (UCMJ). Irony of ironies: The court has cast doubt on the constitutionality of an act of Congress based on the erroneous claim that the statute did not exist.

DiscerningTexan, 7/05/2008 11:20:00 PM |