nancylebov: blue moon (Default)
nancylebov ([personal profile] nancylebov) wrote2009-06-18 11:51 am

The passivist Supreme Court

Splitting 5-4, the Supreme Court ruled Thursday that an individual whose criminal conviction has become final does not have a constitutional right to gain access to evidence so that it can be subjected to DNA testing to try to prove innocence.

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A little more detail

Is there any place that lists all the dissenting opinions?

Answered by [livejournal.com profile] arashinomoui. Stevens' dissenting opinion starts on page 39. Shockingly, he thinks that what happens to actual human beings matters. I don't know how a justice with that much empathy managed to get onto the Supreme Court.

What are those five justices trying to optimize?

First link thanks to The Agitator.

[identity profile] arashinomoui.livejournal.com 2009-06-18 04:33 pm (UTC)(link)
Supreme Court's Website has all decisions complete: http://www.supremecourtus.gov/opinions/08pdf/08-6.pdf

[identity profile] arashinomoui.livejournal.com 2009-06-18 04:35 pm (UTC)(link)
ROBERTS, C. J., delivered the opinion of the Court, in which SCALIA, KENNEDY, THOMAS, and ALITO, JJ., joined. ALITO, J., filed a concurring opinion, in which KENNEDY, J., joined, and in which THOMAS, J., joined as to Part II. STEVENS, J., filed a dissenting opinion, in which GINS-BURG and BREYER, JJ., joined, and in which SOUTER, J., joined as to Part
I. SOUTER, J., filed a dissenting opinion.

[identity profile] nancylebov.livejournal.com 2009-06-18 04:47 pm (UTC)(link)
Thank you.