Are Drug Dealers Worse Than Child Rapists? - The American Spectator | USA News and Politics
Are Drug Dealers Worse Than Child Rapists?

It has been observed before that Anthony Kennedy seems to flip his civil liberties switch to the “off” position whenever illegal drugs are involved. Kennedy v. Lousiana, the 5-4 ruling handed down today that struck down the death penalty for child rapists, provides a really astonishing example of this. Kennedy, writing for the majority, assures us:

Our concern here is limited to crimes against individual persons. We do not address, for example, crimes defining and punishing treason, espionage, terrorism, and drug kingpin activity, which are offenses against the State.

(My emphasis.) In his dissent Antonin Scalia zeroes in on this line:

The Court takes pains to limit its holding to “crimes against individual persons” and to exclude “offenses against the State,” a category that the Court stretches–without explanation–to include “drug kingpin activity.” Ante, at 26. But the Court makes no effort to explain why the harm caused by such crimes is necessarily greater than the harm caused by the rape of young children.

Just last week I remarked in a conversation about Boumediene with a friend that Kennedy seems more concerned about the rights of enemy combatants than drug users (even medical marijuana patients). Add child-rape to the list of things that aren’t as bad as drugs in Kennedy-land, I guess.

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