Quote of the Day
May 24th, 2005 at 9:46 am by Susie
Mark Kleiman on Clarence Thomas:
If a state law called for shoving a red-hot poker up the defendant’s rectum immediately after indictment, Thomas (George Bush’s ideal Justice) would point out that the precedent of Richard II showed that such a practice was not “unusual,” and that in any case it wasn’t covered by the Eighth Amendment because it was pre-conviction and therefore not “punishment,” which by definition comes after conviction and sentence. That’s just the sort of guy he is.
Not sure, but wasn’t that Edward II?
Isn’t that policy now?
Of course you’re right: Edward II.
Actually, the policy is for us to send people to Syria or Uzbekistan, and have those nations do the hot poker insertion.
richard ii: “i wasted time, and now doth time waste me.”
More likely Thomas’d deny the extension of 8th Amendment protection against C&UP via the 14th to invalidate a state statute.
He really, really, doesn’t like incorporation via the 14th….
How can you say that? If anything, these guys are trying to stop people from putting their re hot pokers…nevermind.