Big Week for the Supremes

Not that many decisions that come down from the Supreme Court aren't important but it seems the Court waited until the last week of the session to release some of the most controversial opinions of the term.

First, on Wednesday, came the ruling in Kennedy v. Lousiana. There, the Court ruled that executing child rapists was a violation of the 8th Amendment right against cruel and unusual punishment. I cannot begin to think how difficult it was for the justices to come to this decision and the 5-4 ruling makes that pretty clear. As difficult as it might be, I think I have to side with the majority in this case. The last execution for a crime against another person that did not end in the victim's death was some forty years ago. It's hard to think of a more heinous crime than the rape of a child, but the line has to be drawn somewhere.

Even victims' rights groups are torn over the death penalty for child rapists. The primary argument against the death penalty is that rapists would have no reason to allow their victims to live if they face the death penalty either way. The weaknesses of the capital punishment system are such that death sentences should be imposed rarely, if at all. Don't get me wrong - I think child rapists are the worst of the worst in our society. Let the bastards rot in prison the rest of their miserable lives and not clog the court system with their baseless appeals. The politicians have come out in fierce opposition to the ruling, the Democrats less so than Republicans, but even Barack Obama voiced opposition to the ruling. A tough issue, but I think the Court got it right this time.

Second, in another 5-4 vote, the Court in D.C. v. Heller upheld the right of private citizens to own and keep guns in the privacy of their homes. The original suit was brought by Dick Heller, a security guard, against the registration law adopted by the District of Columbia. The law required that all guns be registered, but prohibited registration of handguns - effectively outlawing private ownership of handguns. The ruling does not outlaw all restrictions on guns and rightly so. States may still require registration of rifles, shotguns and handguns and may require trigger locks or other safety devices. The ruling simply reaffirmed the belief of a majority of the country that the 2nd Amendment absolutely protects the right of private citizens to bear arms.

The ruling will be cheered all throughout the South and Mid-West, but will likely be decried in many big cities. While difficult to interpret the constitution in ways that protect the rights of all, while considering the delicate balance between the many different value systems and conditions across the country, the Court made, in my humble opinion, the right decision to err on the side of individual liberty.