Comments: Legislating From The Bench

So, if one takes the SC's decision for Exxon and applies it across the board, then the person who steals a $19.99 CD from the record store, need only pay the cost of replacing the CD, $19.99, plus a matching $19.99 in punitive damages. Sounds fair.

I guess that using punishment as a deterrence only works on the poor, not rich oil companies making over $10B a year.

This sucks. Hell Exxon had already got the orginal $5B cut to $2.5B and the fact that the award was back in 1994, means that inflation had already lowered the award. Using an online inflation calculator one sees that a dollar in 2008 has the same buying power as $0.69 in 1994. Thus, inflation cut the award by 31% already. Gawd, how I hate the oil companies.

Posted by Howd at June 25, 2008 12:11 PM

Typical, Justice Souter usually sides with the liberals yet Turkana throws darts at him. Striking that Justice Alito actually sat out this one for conflict issues. (Wouldn't it be nice for Sen Dodd and Conrad to sit out Countryside/Bank Of America bailout.) Wonder what he'd say when a president Obama appoints another conservative calling him a centrist?

Posted by peter at June 25, 2008 12:16 PM

peter,

read the ny times magazine article. even the supposed liberals on the court are mostly corporatist. and i'm amused that you'd suggest i'd blindly support whomever obama appoints. i think our obamabot friends might disagree with that assessment.

Posted by Turkana at June 25, 2008 12:39 PM

Yep.
Will the "Librul" media call them out?
Think Keith Obamaman will pop a blood vessel over this? Or does he just save that rage for the Clintons or anyone who dares get in Obama's way?

Posted by OxyCon at June 25, 2008 12:43 PM

Howd, please rewind your calculator back to 1989. That's when the actual oil disaster happened. It's probably more like '89 = $0.45 / '08 = $1.00, but that's just a guesstimate. (:>

Posted by Donald Hussein Cormac at June 25, 2008 03:46 PM

"The hypocrite Court 'conservatives' once again just make it up as they go."

And Leftist Judges in California legislate from the bench and determine that gay "marriage" should be recognized (in spite of the opinion of California voters).

Oh, my bad. You agree with that particular Judicial legislation.

Posted by Bagley at June 25, 2008 04:39 PM

I am looking at a frozen TIVO picture on Brian Williams NBC Nightly News of the minority SCOTUS members who wanted to keep the death penalty for child rape.

The pictures from left to right with their names printed underneath are:
Roberts, Alito, Thomas, and Scalia. (RATS)

Does someone in the NBC newsroom have a sense of humor or are they just being honest?

Posted by TIKI AL at June 25, 2008 06:11 PM

"The pictures from left to right with their names printed underneath are: Roberts, Alito, Thomas, and Scalia. (RATS)"

Perhaps these Jurists are not so forgiving of child rapists as other people are....

Posted by Bagley at June 25, 2008 06:32 PM

Bagley. the voters may not amend the states constitution, except through a ratification process.

Posted by Radix at June 25, 2008 06:56 PM

I have always leaned towards life at hard labor with no possible parole as a genuine punishment.

Death is doing them a favor. And besides, what if someone like Gonzo was in charge of the investigation? What if you were set up with DNA extracted from one of your discarded gooey copies of National Geographic?

Posted by TIKI AL at June 25, 2008 07:06 PM

I have always leaned towards life at hard labor with no possible parole as a genuine punishment.

Child molesters and rapists usually get the shit kicked out of them in prison, if they aren't killed. Far more cost-efficient than giving them the death penalty. You'd think cons would be all over this concept.

Posted by ann at June 25, 2008 07:27 PM

poor bagless bagley, doesn't understand the concept of EQUAL protection

Posted by Gay Veteran at June 27, 2008 11:28 AM
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