The Supreme Court upheld the constitutionality of Kentucky's death penalty today, over the objections of Justices Ginsberg and Stevens, the latter of whom receives a well-deserved broadside from Justice Scalia:

But actually none of this really matters. As JUSTICE STEVENS explains, " 'objective evidence, though of great importance, [does] not wholly determine the controversy, for the Constitution contemplates that in the end our own judgment will be brought to bear on the question of the acceptability of the death penalty under the Eighth Amendment.' " Ante, at 14 (quoting Atkins v. Virginia, 536 U. S. 304, 312 (2002); emphasis added; some internal quotation marks omitted). "I have relied on my own experience in reaching the conclusion that the imposition of the death penalty" is unconstitutional. Ante, at 17 (emphasis added).

Purer expression cannot be found of the principle of rule by judicial fiat. In the face of JUSTICE STEVENS' experience, the experience of all others is, it appears, of little consequence. The experience of the state legislatures and the Congress—who retain the death penalty as a form of punishment—is dismissed as "the product of habit and inattention rather than an acceptable deliberative process." Ante, at 8. The experience of social scientists whose studies indicate that the death penalty deters crime is relegated to a footnote. Ante, at 10, n. 13. The experience of fellow citizens who support the death penalty is described, with only the most thinly veiled condemnation, as stemming from a "thirst for vengeance." Ante, at 11. It is JUSTICE STEVENS' experience that reigns over all.

Scalia remains my favorite justice. Thank you Ronald Reagan.

HAHAHAHA!

Detroit City Council members reacted with indignation and a flurry of disbelieving questioning Tuesday after one of Mayor Kwame Kilpatrick's attorneys insisted that the mayor's text messages didn't trigger the settlement of a police whistle-blower lawsuit.

Wilson Copeland II, testifying on the first of three days of hearings the council is conducting, said the abrupt settlement of the lawsuit from two former cops was done to quickly wrap up a similar suit against the city from a third officer. He said it was not out of fear of the text messages, which showed Kilpatrick and former chief of staff Christine Beatty lied under oath at the whistle-blower trial.

HAHAHAHA! Oh, that's rich!

Wouldn't it be awesome if we could have a 2000-style election fiasco, except involving only the party that has been insisting that 2000 represented a stolen, illegitimate election in which all the votes weren't counted? Yes. Yes, it would be awesome.

How ironic. For over seven years the Democratic Party has fulminated against the Electoral College system that gave George W. Bush the presidency over popular-vote winner Al Gore in 2000. But they have designed a Rube Goldberg nominating process that could easily produce a result much like the Electoral College result in 2000: a winner of the delegate count, and thus the nominee, over the candidate favored by a majority of the party's primary voters.

Imagine that as the convention approaches, Sen. Clinton is leading in the popular vote, but Sen. Obama has the delegate lead. Surely no one familiar with her history would doubt that her take-no-prisoners campaign team would do whatever it took to capture the nomination, including all manner of challenges to Obama delegates and tidal waves of litigation.

Indeed, it has already been reported that Sen. Clinton will demand that the convention seat delegates from Michigan and Florida, two states whose delegates have been disqualified by the party for holding January primaries in defiance of party rules. The candidates agreed not to campaign in those states. But Sen. Clinton opted to keep her name on the Michigan primary ballot, and staged a primary-day victory visit to Florida, winning both of those unsanctioned primaries. Her campaign is arguing that the delegates she won in each state be recognized despite party rules and notwithstanding her commitment not to compete in those primaries. Of course. "Count every vote."

As the convention nears, with Sen. Clinton trailing slightly in the delegate count, the next step might well be a suit in the Florida courts challenging her party's refusal to seat Florida's delegation at the convention. And the Florida courts, as they did twice in 2000, might find some ostensible legal basis for overturning the pre-election rules and order the party to recognize the Clinton Florida delegates. That might tip the balance to Sen. Clinton.

We all know full well what could happen next. The array of battle-tested Democratic lawyers who fought for recounts, changes in ballot counting procedures, and even re-votes in Florida courts and the U.S. Supreme Court in 2000 would separate into two camps. Half of them would be relying on the suddenly-respectable Supreme Court Bush v. Gore decision that overturned the Florida courts' post-hoc election rules changes. The other half would be preaching a new-found respect for "federalism" and demanding that the high court leave the Florida court decisions alone.

Would the U.S. Supreme Court even take the case after having been excoriated for years by liberals for daring to restore order in the Florida vote-counting in 2000? And, would Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer, the dissenters in Bush v. Gore, feel as strongly about not intervening if Sen. Obama was fighting against an effort to change a presidential election by changing the rules after the fact? Will there be a brief filed by Floridians who didn't vote in their state's primary because the party had decided, and the candidates had agreed, that the results wouldn't count?

Just laying out that scenario makes my mouth water. The fact that the scenario is even realistic should give some of the die-hard hyper-aggrieved dems cause to cut down on the complaining about 2000 though, right? One can hope...