- Mar 9, 2012
In reading this story on the ruling handed down today on Lethal Injection, I was struck by the dissenting opinion of Breyer and Ginsburg.
I believe they overstepped their mandate by injecting an issue that wasn't presented in the case. That’s the very sign of an activist judge. Why bring up the legality of capital punishment when it’s already “settled law” (as is continually pointed out by liberals in regards to roe v. wade)? I can't help but picture Lady Justice with an eye peeking out from the blindfold.Justice Stephen Breyer went further in a separate dissent. He said the high court should consider the overall constitutionality of the death penalty, something it has not done since 1976. Justice Ruth Bader Ginsburg agreed.
"Rather than try to patch up the death penalty's legal wounds one at a time, I would ask for full briefing on a more basic question: whether the death penalty violates the Constitution," Breyer said.