Posted by Orin Kerr: Judge Boyce Martin Makes a Case Against the Death Penalty: http://volokh.com/archives/archive_2009_04_12-2009_04_18.shtml#1239743115
See his concurring opinion [1]here. Notably, Judge Martin does not argue the point as a matter of constitutional law. Rather, he expresses his view that "our scarce public resources can be put to better use" as a matter of policy, and that he believes states legislatures should not authorize the death penalty because of it. References 1. http://www.ca6.uscourts.gov/opinions.pdf/09a0147p-06.pdf#page=8 _______________________________________________ Volokh mailing list [email protected] http://lists.powerblogs.com/cgi-bin/mailman/listinfo/volokh
