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Must-read speech from retired Justice Stevens about Harmelin Eight Amendment ruling

By Douglas A. Berman

Thanks to a posting by Tony Mauro via the NLJ's Supreme Court Insider, I just came across this remarkable speech about the Eighth Amendment and the 1991 Harmelin ruling from retired Justice John Paul Stevens.  Here is how Tony describes the speech in his posting: In a little-noticed speech delivered Oct. 7 and available on the Court's web site Stevens offered some pointed criticism of Justice Antonin Scalia, while applauding Justice Anthony Kennedy for displaying "more civilized" views than he did 20 years ago. For good measure, Stevens praised Chief Justice John Roberts Jr.'s "thoughtful opinion" last term in Graham v. Florida. Stevens' main focus in the talk before the National Legal Aid & Defender Association was a 1991 decision that is probably one of that group's least favorite rulings: Harmelin v...continue to full post

Full post as published by Sentencing Law and Policy on October 20, 2010 (boomark / email).