Second Circuit Overrules Judge on Death Penalty
Bad news. Judge Jed Rakoff of the Southern District of NY has been reversed on his decision declaring the death penalty unconsitutional.
From an email we received:
"USA v. Quinones, 02-1403(L), 02-1405
"2d Circuit panel unanimously rules: We hold that (1) we have jurisdiction to entertain this appeal, (2) the constitutional challenge was ripe for consideration prior to trial, (3) to the extent the defendants claim relies upon the Eighth Amendment, it is foreclosed by the Supreme Court's decision in Gregg v. Georgia, 428 U.S. 153 (1976),and (4) the Federal Death Penalty Act does not violate the Due Process Clause of the Fifth Amendment. "
The full text is likely available on Findlaw.
The New York Times has this article on the case.
| < Blogging Thanks | Protestors Arrested at Senator Allard's Office > |