Roberts Hits Stevens Over Death Penalty

AP via SFGate ^ | 4/26/7 | MARK SHERMAN

[SmithL]

WASHINGTON (AP) -- When Chief Justice John Roberts took his center seat for the first time in October 2005, John Paul Stevens, the court's senior justice, wished him "a long and happy career in our common calling."

This week, Roberts had some words for Stevens, who turned 87 last week. And they were not nearly so kind.

In a pointed dissent from decisions overturning death sentences for two Texas inmates, Roberts accused Stevens of engaging in revisionist history.

Stevens, leading a five-justice majority, said Texas state courts should have set aside the death sentences because the Supreme Court had made clear that such sentences could not stand if they were imposed as a result of flawed jury instructions that Texas used until 1991.

Roberts, a dissenter in six of the court's 10 most recent rulings, wrote that contrary to being clear, Supreme Court death penalty law over the years has been a "dog's breakfast," a mess of "divided, conflicted and ever-changing analyses." State courts would find it difficult, if not impossible, to discern federal law from those rulings, he said.

Roberts concluded his 16-page dissent on a sarcastic note, at odds with his amiable image. "Still, perhaps there is no reason to be unduly glum," Roberts said, taking direct aim at Stevens. "After all, today the author of a dissent issued in 1988 writes two majority opinions concluding that the views established in that dissent actually represented 'clearly established' federal law at that time. So there is hope yet for the views expressed in this dissent."

"Encouraged by the majority's determination that the future can change the past, I respectfully dissent," he concluded.

[marsh_of_mists]

Roberts, now there’s a guy I like. Level-headed, polite, dignified, unassuming...makes it all the more meaningful when he decides to rip them a new one.

[siunevada]

Thanks for the post.

From the dissent, it appears the majority decision citations are beyond mistaken, they are willfully mischaracterizing past decisions.

[AFPhys]

Well, I see it as really exactly as Roberts says: the decisions have been all over the place, and completely confusing to anyone.

Personally, I find a whole bundle of areas that the USSC has muddled this way, in my opinion, due mostly to their attempting to change the clear meaning of the Constitution without admitting that is their intent.

I see this as only the first salvo of many that Roberts may well fire in the future - and that he’s signalling that loud and clear here.

[paddles]

Stevens is another addled little man whose time has passed. He needs to go...along with the little bug-eyed, pipe-cleaner lady.

[SmithL]

You mean Darth-Bader Ginsberg?

[paddles]

Yeah. Ann Coulter said she looked like she was “fashioned out of pipe cleaners.”

[Revenge of Sith]

“You mean Darth-Bader Ginsberg?”

And her Sith apprentice calls her “Master Bader Ginsberg.”

[July 4th]

State courts would find it difficult, if not impossible, to discern federal law from those rulings, he said.

That's precisely the intention of multiple confusing or contradictory opinions. Without proper legal guidance, the states will throw their hands up in the air and give up on the death penalty altogether.

[zendari]

Harry Edwards, a Carter appointment to the DC circuit, called John Roberts “the most conservative judge he had ever served with”.

Keep in mind he served with both Scalia and Thomas.

[pangaea6]

“Encouraged by the majority’s determination that the future can change the past, I respectfully dissent,” he concluded.

Can I read Roe v. Wade into this comment? Where are the Libs claiming “Stare Decisis, Stare Decisis; It’s settled law, Stevens can’t do that” on this particular decision.
Little did Stevens know he was laying the groundwork for overturning the abortion ruling.

[NRA2BFree]

This week, Roberts had some words for Stevens, who turned 87 last week. And they were not nearly so kind.

I'm soooo happy he's 87. I wish he'd hurry up and retire/die before Bush leaves office. I'm sure Roberts was much kinder to Stevens than I would have been. I'm so glad Bush put Roberts in instead of Harriet Myers. I think she would easily been influenced by the others.

[NRA2BFree]

GWB has been the best President for SCOTUS nominations since before FDR.

Yes, but only because we raised so much hell over Harriet Myers. It was only then he appointed Roberts. That said, thank God Americans raised such a ruckus that he dropped her.

[SamuraiScot]

I don’t know how a Samurai Scot would dress for battle

Glad you approve. I pictured a kilt, a claymore, an Attila-the-Hun helmet, and a really crazy expression.

Best,

SS

[RKB-AFG]

I like the way Chief Justice Roberts is turning out.

[zendari]

I'm soooo happy he's 87. I wish he'd hurry up and retire/die before Bush leaves office. I'm sure Roberts was much kinder to Stevens than I would have been. I'm so glad Bush put Roberts in instead of Harriet Myers. I think she would easily been influenced by the others.

He has to be if he wants to do any good. Historically, it's been up to the Chief to convince decrepit old farts to retire.

We have only 1 more chance to get rid of Stevens, and that's this June, at the end of the Court's term.