From 2Millionth Web Log |
This is one of the ridiculous instances where ideology trumps plain common sense:
Prisoners have no constitutional right to DNA testing that might prove their innocence, the Supreme Court ruled on Thursday in a 5-to-4 decision.
The court divided along familiar ideological lines, with the majority emphasizing that 46 states already have laws that allow at least some prisoners to gain access to DNA evidence.
"To suddenly constitutionalize this area," Chief Justice John G. Roberts Jr. wrote for the majority, "would short-circuit what looks to be a prompt and considered legislative response."
All fine and good, except for people in the four states that don't allow for post-conviction testing. Sucks to be them seems to be Justice Roberts' informed legal analysis.
DNA testing is straighforward science, not some sort of interpretive procedure requiring 46 separate and often widely divergent State statutes.
No, this is a case where the conservative wing of the Supreme Court has, in the interest of preserving a narrow ideology, has deliberately undermined individual rights. Not unlike when Scalia haughtily claimed that "Mere factual innocence is no reason not to carry out a death sentence properly reached."
Takes "tortured logic" to a whole new level.
No comments:
Post a Comment