AROUND THE BLOCK
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Supreme Court: Will hear Va. Gov case; won't hear case on death penalty
Among the cases the United States Supreme Court decided to hear or not hear this week, two stand out as a demonstration of what a disaster the Court has become.
The Court agreed to hear the case of former Virginia governor
Robert McDonnell who was convicted of corruption for his efforts on behalf of a
businessman who bestowed money and gifts on the governor and his family. Although
McDonnell’s conviction was upheld by a unanimous panel of the U.S. Court of
Appeals for the 4th Circuit, in deciding to hear the case at least
four Supreme Court justices appeared to agree with McDonnell’s lawyer who
argued that if his, “routine political courtesies” to Richmond businessman
Jonnie R. Williams Sr. could be construed as felonies, it would make all
politicians vulnerable and arm federal prosecutors “with a frightening degree
of control over the political process.”
While it is not clear how the justices will rule in the
McDonnell case, court insiders have hinted that since the court has already
given corporations, unions and billionaires “a frightening degree of control
over the political process” through their Citizens United decision, it was
likely that they will overturn the McDonnell conviction so as not to give this
frightening control to yet another group.
A week after the court agreed to hear the McDonnell case, it declined
to hear a new case asking it to make a ruling on the constitutionality of
capital punishment. The rejected case concerned an appeal by Shonda Walter of
her death penalty sentence for killing an 83-year old Pennsylvania man in 2003.
Walter’s lawyers argued that her court appointed defense lawyers provided no
defense and offered no argument that might have spared her the death sentence. Pennsylvania
appeals courts agreed that she had an incredibly bad defense but upheld the
conviction and sentence anyway. The Supreme Court’s rejection of the case was made without
comment.
So, this week the Supreme Court agreed to hear a case to determine
whether a politician taking gifts from a businessman in exchange for intervening
with state officials on the businessman’s behalf should be overturned, but declined to take the case of
a convicted murderer who, everyone involved in the case agrees, did not receive
adequate defense counsel and has been sentenced to death.
And, according to Marco Rubio, putting Barak Obama on the
Supreme Court “would be a disaster for this country.” Huh?
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