The following part of this article should be shoved down the craw of John Lacny and all the other Dumbocratic apologists who cry piteously that judicial appointments are reason to support the revolting Clinton-Kerry-DLC campaign:
Still, it says a lot about the current Court that both Clinton appointees, Ruth Bader Ginsburg and Stephen Breyer, voted with the majority - and, indeed, could have swung the case the other way had they so chosen - while Justice Kennedy joined the dissent.
The Haley case renders laughable the common accusation that Ginsburg and Breyer are "liberal." To the contrary, they are moderate, profoundly cautious, and unmoved by claims of individualized injustice.
The case also serves as another reminder that, on this Court, Kennedy owns the strongest moral compass. In the field of criminal law alone, in the last few years, Kennedy has now written passionately to decry abusive interrogation tactics, the misuse of race by prosecutors, and now the failure of Texas officials to observe their absolute duty to seek justice.
>How does this happen? The story of Haley's case illustrates how hard it can
>be to correct, through our system, what is really a simple and
>straightforward injustice.
>
>The Facts of Haley's Case: Why He Got Sixteen Years When Only Eligible for
>Two
>
>In 1997, Haley was arrested for stealing a calculator from a Wal-Mart. At
>trial, he was convicted of theft. Because Hale had two prior theft
>convictions, his relatively minor crime was punishable by up to two years in
>prison.
>
>Not satisfied, Haley's prosecutors also charged him with the separate
>offense of being a habitual felony offender, under Texas's "three strikes"
>law.
>
>continued at http://writ.news.findlaw.com/lazarus/20040610.html
>
>
>Edward Lazarus, a FindLaw columnist, writes about, practices, and teaches
>law in Los Angeles. A former federal prosecutor, he is the author of two
>books - most recently, Closed Chambers: The Rise, Fall, and Future of the
>Modern Supreme Court.
>
>
>___________________________________
>http://mailman.lbo-talk.org/mailman/listinfo/lbo-talk
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