My Critique of the Court's Death Penalty Case

Given my respect and affection for Michael Perry, I certainly regret our disagreement about the Court's recent decision invalidating the death penalty for juveniles.  I referred to that decision -- the outcome of which, Michael and I agree, accords with morality and prudence -- as exhibiting "raw, unprincipled, intellectually flabby, anti-democratic judicial posturing."  I am sure that I will learn from, and be challenged by, Michael's explication of his disagreement with me, and I look forward to continuing the conversation.  For now, though, I will stand by my judgment, and also by the strong language I used to express it.  I hope it goes without saying, though, that this language -- while appropriate, in my view, to Justice Kennedy's opinion -- is not directed at, and would not be appropriate or charitable if it were directed at, colleagues, friends, and others who have reached, in good faith but and by a more promising route, Justice Kennedy's conclusion.

Rick