Florida’s new conservative Supreme Court takes on its former self and the U.S. Supreme Court in death row cases There has been a real lack of “judicial restraint” lately in Florida. You may have heard this term, usually by those who decry “activist judges” for “legislating from the bench.” Unelected judges must be restrained from usurping the roles of elected representatives in the other two branches. That’s how the argument goes. But it’s usually the banner waved by its most egregious violators. Here’s an example close to home. In 2002, the U.S. Supreme Court, in a case styled Atkins v. Virginia , made a landmark ruling that the Eighth Amendment’s ban against cruel and unusual punishment prohibits states from executing mentally disabled inmates. The 6-3 decision, with the majority opinion written by Justice John Paul Stevens, gave the states the authority to come up with a determination of mental disability. RELATED | The Florida Supreme Court’s...
Striving for a World without Capital Punishment