Posts Tagged ‘5-4’

The U.S. Supreme Court in a file photo. The Supreme Court ruled ...

AP: The Supreme Court on Wednesday outlawed executions of people convicted of raping a child. In a 5-4 vote, the court said the Louisiana law allowing the death penalty to be imposed in such cases violates the Constitution’s ban on cruel and unusual punishment.

“The death penalty is not a proportional punishment for the rape of a child,” Justice Anthony Kennedy wrote in his majority opinion. His four liberal colleagues joined him, while the four more conservative justices dissented.

There has not been an execution in the United States for a crime that did not also involve the death of the victim in 44 years.

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CNN: Suspected terrorists and foreign fighters held by the U.S. military at Guantanamo Bay, Cuba, have the right to challenge their detention in federal court, the Supreme Court ruled Thursday.

A prefabricated court complex has been erected at Guantanamo Bay, Cuba, to try terrorism suspects.

The decision marks another legal blow to the Bush administration’s war on terrorism policies.

The 5-4 vote reflects the divide over how much legal autonomy the U.S. military should have to prosecute about 270 prisoners, some of whom have been held for more than six years without charges. Fourteen of them are alleged to be top al Qaeda figures.

Writing for the majority, Justice Anthony Kennedy said, “the laws and Constitution are designed to survive, and remain in force, in extraordinary times. Liberty and security can be reconciled; and in our system reconciled within the framework of the law.”

Kennedy, the court’s swing vote, was supported by Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer, generally considered the liberal contingent.

At issue was the rights of detainees to contest their imprisonment and challenge the rules set up to try them.

art.gitmo.justice.afp.gi.jpg

CNN: Suspected terrorists and foreign fighters held by the U.S. military at Guantanamo Bay, Cuba, have the right to challenge their detention in federal court, the Supreme Court ruled Thursday.

A prefabricated court complex has been erected at Guantanamo Bay, Cuba, to try terrorism suspects.

The decision marks another legal blow to the Bush administration’s war on terrorism policies.

The 5-4 vote reflects the divide over how much legal autonomy the U.S. military should have to prosecute about 270 prisoners, some of whom have been held for more than six years without charges. Fourteen of them are alleged to be top al Qaeda figures.

Writing for the majority, Justice Anthony Kennedy said, “the laws and Constitution are designed to survive, and remain in force, in extraordinary times. Liberty and security can be reconciled; and in our system reconciled within the framework of the law.”

Kennedy, the court’s swing vote, was supported by Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer, generally considered the liberal contingent.

At issue was the rights of detainees to contest their imprisonment and challenge the rules set up to try them.