Last term, the Supreme Court decided that it is unconstitutional to apply the death penalty to a person convicted of raping a child.  The opinion stated that there is a national consensus against using the death penalty for the rape of a child.  However, the opinion overlooked legislation making the death penalty available in child rape cases under military law.

Today, in their private conference, the Justices will decide whether to reconsider their decision.  In the final brief submitted by the State of Louisiana and joined by the Department of Justice, it is argued that policy is moving toward making the death penalty available as punishment in child rape cases.  The brief concedes that the Court may base the ruling on its own judgment only, but states that the military law passed by Congress and signed by the president should also be considered when interpreting the Eighth Amendment.  Both Barack Obama and John McCain criticized the Court’s initial ruling in this case, and the final brief cites the candidates’ statements as further evidence that the public supports using the death penalty in child rape cases.

Source: SCOTUS Blog

A fed up Houston lawyer’s letter to opposing counsel is making its rounds on the internet.  The was penned on 9/26 and is addressed to Dale, a Dallas attorney, whose initial correspondence regarding a rescheduled deposition did not adequately account for the fact that Houston is recovering from a hurricane.  The hurricane victim/lawyer masterfully lays out the decidedly unpleasant events which prevented him from appearing at the deposition at the appointed date/time.  Then, he makes some truly priceless inquiries.  To really understand the tone of this treasure, we insist that you read it yourself. 

And to whoever made the joke on Above the Law about proper post-hurricane behavior being a testable topic on November’s MPRE: Nice.

Source: Above the Law