Kentucky Law Review

FEDERAL: SCOTUS Justice Stevens Opines Kentucky Horse Euthenization More Humane Than Its Death Row Executions

Kentucky and the Horse Racing took an unusual hit by a U.S. Supreme Court justice regarding the manner in which the state conducts its executions versus the way it euthenizes horses. 

The recent Kentucky Supreme Court addressing Kentucky's executions was contrasted by Justice John Paul Stevens with the euthenization of Eight Belles at the 2008 Kentucky Derby, and he made these comments to the 50 federal judges and more than 800 attorneys at the 68th conference of the 6th U.S. Circuit Court of Appeals.

However, Justice Stevens' remarks seem to be in contrast to his own opinion and decision affirming the Kentucky execution protocols as he voted to affirm the procedures but remarking that he was now believing that the death penalty is unconstitutional.

Please note my own remarks are not designed to go one way or the other on the death penalty, but simply to report on the story and its twists, turns, and turnarounds.

Here's the story at Herald Leader.  Click on heading for entire post.

Justice faults Ky. lethal injection

U.S. Supreme Court Justice John Paul Stevens says the euthanized Kentucky Derby horse Eight Belles probably died more humanely than Death Row prisoners in the Bluegrass State.

SCOTUS: Mildred Loving of Loving v. Virginia dies

Mildred Loving, one of the defendants in the Virginia case that wound its way up to the US Supreme Court passed away.  The decision, Loving v. Virginia, 388 US 1 (1967) can be found by clicking here.  SCOTUS had struck down laws banning racially mixed marriages. 

The story found in the papers today is as follows.

Mildred Loving fought mixed-race marriage bans

Mildred Loving, a black woman whose challenge to Virginia's ban on interracial marriage led to a landmark Supreme Court ruling striking down such laws nationwide, has died, her daughter said Monday.

Peggy Fortune said Mrs. Loving, 68, died Friday at her home in rural Milford. She did not disclose the cause of death.

"I want (people) to remember her as being strong and brave yet humble, and believed in love," Fortune said.

Mrs. Loving and her white husband, Richard, changed history in 1967 when the U.S. Supreme Court upheld their right to marry. The ruling struck down laws banning racially mixed marriages in at least 17 states.

"There can be no doubt that restricting the freedom to marry solely because of racial classifications violates the central meaning of the equal protection clause," the court ruled in a unanimous decision.

Today 2:03 AM

SCOTUS: Local blawg postings include Scalia interview and Kennedy fantasy camp

For you SCOTUS watchers, here are two posts I have picked up by local bloggers.

First, Marcia Oddi, Indiana Law Blog, has one on Justice Scalia:

Courts - Justice Scalia interview
CBS 60 Minutes host Leslie Stahl conducted a remarkable interview of Justice Antonin Scalia, broadcast last evening. You can read the transcript here, but I highly recommend that you watch the interview - links to Part I and Part II are available here.

Second, Dean Jim Chen has a post on Justice Kennedy:

Supreme Court fantasy camp: Justice Kennedy's chambers
My dear friend, Marie T. Reilly, has wistfully wished, "I wish there was Supreme Court fantasy camp."

Well, we can't quite make that happen. But Jurisdynamics and Ratio Juris can do the next best thing: bring Oyez.org's virtual Supreme Court tour to life. Herewith a sample — Justice Kennedy's chambers!

SCOTUS: "Supreme Court considering 5 cases alleging age discrimination"

From Herald Leader:

Supreme Court considering 5 cases alleging age discrimination

There is only one anti-bias law - the one against discrimination based on age - that would cover all nine Supreme Court justices, if such laws applied to them.

The justices, ranging in age from 53 to 87, are the last people to worry about such things in their own lives. They have life tenure and no mandatory retirement age.

Yet the justices are confronted by allegations of age discrimination in five cases this term. While the sheer number of cases probably can be explained away as coincidence, the topic is one of growing importance as more people work longer because of economic necessity or by choice.

"The importance of protecting older workers as the work force ages is enormous," said Stu Cohen, AARP's director of legal advocacy. "More older workers remain in the workforce and projections are that the percentage will continue to expand."

The percentage of people 65 and over who continue to work has grown from 10.8 percent in 1985 to 16 percent last year, AARP said. For people 55 to 64, the numbers also are up, from 54.2 percent in 1985 to 63.8 percent in 2007.

SCOTUS: "Supreme Court weighing fate of Kentucky retirement system"

Supreme Court weighing fate of Kentucky retirement system herald leader

The U.S. Supreme Court is weighing the fate of Kentucky's retirement system after hearing a challenge from a former public employee that the plan discriminates against older workers.

For more detailed information, go to SCOTUS BLOG WIKI FOR Kentucky Retirement Systems v. EEOC

SCOTUS: More on execution by lethal injection case at SCOTUS with links to the written transcript and to the audio of the arguments today

• Excerpts from arguments before Supreme Court on lethal injection
• For survivors, arguments over lethal injection personal
• Supreme Court appears divided over lethal injections
• A list of the 3 drugs most commonly used by state executioners

And thanks to SCOTUSBLog.com for "The transcript of today’s argument in Baze v. Rees (07-5439) is now available here. In addition, audio of the oral argument is available for download here at Oyez.org."

SCOTUS (updated): Here is some info on the upcoming execution by lethal injection case from Kentucy set for SCOTUS arguments on Monday, Jan. 7, 2008

• SCOTUS Blog's has a wiki entry which is exhaustive.  Click here for continuing developments such as the briefs, issues, recaps of arguments, and more.
• When available:
  • MERITS BRIEFS
  • Argument Transcripts
• Jan. 6, 2007 Courier Journal story:
  • Baze unapologetic about murders of sheriff, deputy
    Ralph Baze says he's through apologizing for gunning down Powell County Sheriff Steve Bennett and Deputy Arthur Briscoe in 1992.

FREE LOUISVILLE SYMPOSIUM: "Chief Justice John Marshall: Origins and Consequences of Judicial Review"

The Alexander Hamilton Historical Society of Kentucky will hold a Jan. 19, 2007 symposium  entitled "Chief Justice John Marshall: Origins and Consequences of Judicial Review," at 10:30 a.m. in the Chao Auditorium in Ekstrom Library at the University of Louisville.

Per story in the Courier Journal,

The symposium is free and open to the public. A drawing will be held for a copy of "John Marshall: Definer of a Nation," a biography by Jean Edward Smith.

The 2-year-old Hamilton Society, which is open to the public, meets at 10:30 a.m. the third Saturday of each month at the St. Matthews Eline Branch Library, 3940 Grandview Ave.

For information, call society founder and president Lynn Olympia at 897-5726

SCOTUS NEWS: "Justices to release audio of argument in death penalty case[ BAZE AND BOWLING FROM KY]"

Justices to release audio of argument in death penalty case HERALD LEAEDER

The UNITED STATES Supreme Court said Thursday it will quickly release audio tapes after the Jan. 7 argument over the death penalty. The death row cases of Kentucky inmates Ralph Baze and Thomas Clyde Bowling Jr. present the question of whether the mix of drugs and the way they are administered in executions in three dozen states violate the Constitution. CLICK ON HEADING FOR MORE...

SCOTUS: "Witness for the persecution"

Here's an op-ed story on the new biography by SCOTUS Justice Clarence Thomas found at the Courier Journal: 

Witness for the persecution I believe in affirmative action, but I have to acknowledge there are arguments against it. One of the more cogent is the presence of Justice Clarence Thomas on the U.S. Supreme Court.