Justice Department Admits Mistake in Not Briefing Court
By: Tommy Elder, Jr.
When the United States Supreme Court decided the case of Kennedy versus Louisiana- the United States Department of Justice commited an error. Linda Greenhouse of the New York Times reports that the United States Department of Justice stated that the United States Attorney should have been acquainted with the fact that congress in the recent past adopted a law that made the rape of children death penalty eligible within the military. These Federal Lawyers, should as a function of their responsibility as court officers, kept the United States Supreme Court apprised of the fact that the United States Congress made the rape of a minor a capital offense while the High Court considered if the death penalty could constitutionally serve as a punishment in a case involving the rape of a child.
Without an apparent full search of court records - Associate Justice Anothony M. Kennedy`s statement that there ``was the absence of Federal Law (on this type of case i.e child rape) was mistaken.``
In addressing the court`s error- White House Press Secretary Dana Perino stated that the Bush Administration- `was disturbed by the New York Times` report that the Court`s decision might be based on a mistake.`
As a procedure matter only participates in the case may file a petition to the court for reconsideration of its ruling.
In a comment on the current controversy of whether child rape qualifies as a Capital Offense- the United States Department of Justice stated that in 1996`s- Loving versus United States- when the High Tribunal ruled the military`s Death Penalty Law constitutional. The High Court merely deduced without deliberations that court`s Capital Punishment Jurisprudence laws completely applied to situations involving the military.
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