This is the type of comparative argument we find on this forum.
It should not be the type of argument made in the Supreme Court!!! She's saying because of this ruling, burning at the stake is acceptable *sigh*
Sometimes I hate this world... There you go Moonbeam, analyze the hate!
Sotomayor is criticizing the standard that the court is applying for determining if the drugs are acceptable, or not "cruel and unusual". The court is saying that for the chemicals to be deemed cruel and unusual, the petitioner needs to offer an alternative that would not be.
It's like if the state said, "well, how would
you like us to kill you?" and if they didn't get an answer decided that any method was acceptable.
I actually disagree with Sotomayor here, I think she's positioning herself for future capital punishment cases. I think all four dissenters were.
I suppose it's just a side effect of growing older and realizing more that the Supreme Court really is there to create new law, basically be a second legislative branch when the normal legislative branch doesn't produce the laws your party wants.
I don't really see it that way. The constitution has always forbidden cruel and unusual punishment. But the court has always wrestled with the question of whether captial punishment qualifies.
Hey, at least it was Democrats who hired this particular bag of racism, crazy and stupid.
Sotomayor isn't half as bad as Scalia or Thomas.