Justice Stevens and the Death Penalty

Justice Stevens decided to issue a criticism of the death penalty on Saturday evening, claiming there are serious flaws in the way it is used. Among other things, he questioned the competence of the legal representation defendants in death penalty cases received; he also questioned the fairness of jury selection for capital punishment cases, saying that potential jurors with qualms about the death penalty can be excluded by prosecutors. Such exclusions could deem a capital punishment trial unbalanced from the onset.

Isn't it interesting, this coming from the same justice who in 1976 voted to reinstate the death penalty in Gregg v. Georgia? Justice Stevens is the oldest in the Supreme Court (he is 85) and throughout his tenure, he has gone from moderate with liberal tendencies to moderate with conservative tendencies and back. I find it hard to keep up with him. I've heard the argument that the court is a living thing and that it adapts to society changes etc... But it troubles me. I mean, I'd love to see the end of the death penalty. But similar changes of heart could suddenly overturn Roe v. Wade, and for that I am fearful. Among other things.

John Roberts' nomination is not exactly calming me down. Anything coming from El Presidente, as Andrew aptly calls him, compels me to intense scrutiny... The man (Roberts) is obviously brilliant and has an impeccable record - but, a conservative by all accounts, even if a fair one. My only hope is that he will morph into a big surprise once in the court...

Another thing to consider - the fact that Supreme Court justices can remain active for as long as they themselves see fit. There is something not quite right about this. The world has changed much since Justice Stevens' first year in the court, and so did American society. Long tenures are at least partially responsible for the changes in a justice's opinions/positions over time, but isn't one - anyone - inherently a product of his/her upbringing, his/her formative years? I am only 33, and yet I find myself constantly reverting back to the way things were, back when I was growing up... I am constantly amazed at how much the world has changed, and how challenging it is to change with it and not against it (a sometimes irresistible pull, I must add)...