Comments on: GA Supreme Court Rules Part of Sex Offender Law is Unconstitutionally Cruel and Unusual

By: DLS

DLS — Wed, 26 Nov 2008 20:44:22 +0000

Straying from the verb to the noun — not due process but “due substance,” substituting one's wants and whims as the definition of what laws “should be” (and by extension, striking down those laws that don't satisfy one's wants and whims)

By: SimonDodd

SimonDodd — Wed, 26 Nov 2008 20:19:22 +0000

Reading the opinion, one thinks of Justice Scalia's dissent in County of Umbehr, noting the propensity of the judiciary “to equate those many things that are or should be proscribed as a matter of social policy with those few things that we have the power to proscribe under the Constitution.”