It Makes Ya Proud

The headline reads "Justices Bar Mandatory Life Sentences  for Juveniles," and I couldn't help but think "about time."  But, much as I wanted to think it might have been otherwise, I knew I was going to read it was a 5-4 decision and, of course, it was.

Justice Kagan,  in the majority opinion, said that treating teenagers (in the two cases before the court, 14-year old males) as adults violates “the evolving standards of decency that mark the progress of a maturing society.” I read "evolving standards" and knew that was like red meat to the Fab Four of Roberts, Scalia, Thomas and Alito.  In a separate dissent all his own, that phrase lit Alito up like an 18th-century firecracker. (If I am mixing metaphors, so be it.  Mistakes are being made all over the place.)

Here is my favorite sophistry of the dissenting opinion, written by Roberts.  The fact that the US has 2500 juveniles serving life sentences without parole, which places the US in a league all our own, makes what I think of as civilized people cringe in embarrassment.  But to Roberts, that huge number of incarcerated kids proves that this is not "unusual" punishment, and therefore constitutional.  It is clear to me that, along with all the other problems with the constitution, it could have been improved with the addition of the little word "or."
As in "cruel and/or unusual punishment."

By the way, this ruling just struck down mandatory sentences of life without parole.  In our wonderful progressive society, individual judges can still choose to sentence 14-year old to life without parole if that is what turns them on.

It still amazes me that the make up of the Supreme Court is never a serious factor in presidential races. If McCain had won, this ruling would have gone the other way because he would have appointed the same kind of justices as Bush did.  If Romney wins, it might be reversed in four or five years.

Remember also, in all the nostalgia for Bush Sr. that seems to be going around, that we have him to thank for the cynical appointment of Clarence Thomas.

The "Arizona" ruling is just too messy to think about for now.  This one is easy.