"Some people are impatient we haven't reached nirvana. But the change has been enormous," says Justice Ginsburg, when discussing increased number of women in law school
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How does she not have to recuse from death penalty/8th Amendment cases now?
@jadler1969, if you're willing to explain. -
Same way Justices who oppose abortion don’t revise themselves from those cases
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When the 8th amendment was written, the death penalty was extremely common. No one in their right mind could justify that the Constitution forbids it now as currently written. Of course, that could be changed with an amendment.
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The way that the SCOTUS currently works is that the Constitution means whatever 5 justices says it means...
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If 5 judges said that someone couldn’t say a political opinion because society found it abhorrent, that wouldn’t change the meaning of the 1st amendment. That would make the SCOTUS at odds with the Constitution. The 8th amendment in regards to the death penalty is clear cut.
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She also reveres the South African Constitution, but she does yoga,...so there's that.
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