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Justice Kennedy: American criminal sentences are too long

Orin Kerr and Michael Cernovich both posted late last night about Supreme Court Justice Anthony Kennedy's recent comments on sentencing--mandatory and in comparison to Western Europe. (Hint: They're too long and we need a system, says his honor. See "Justice Kennedy Wades Into International Waters Again," by Harris Meyer for the Daily Business Review.

In response, Kerr writes, "I suppose this speech offers one more reason [House Majority Leader] Tom DeLay will want to impeach Justice Kennedy." (Or DeLay's fans -- don't miss the trackbacks.) Kerr, who Cernovich notes clerked for Kennedy, adds, "Notably, Justice Kennedy has made both of these points before ..." Don't miss Kerr's links.

Cernovich adds his 2 cents:

"Justice Kennedy's sentencing views have always been contemplative and circumspect, so his comments don't surprise me.  And more broadly, I don't view his answers as an indication that he's turning left.  Still, if DeLay and other wing nuts keep treating him as an unwelcomed guest, I won't be surprised to see him further shift left."

Posted by Product Team on May 17, 2005 at 09:52 AM | Permalink | TrackBack (0)


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