I often speak of June 26, 2008, the day that District of Columbia v. Heller was decided. Yet, I still clearly remember the day before when the Court decided Kennedy v. Louisiana. Justice Kennedy declared that there was a “national consensus” against executing child rapists, and accordingly, the Eighth Amendment prohibits such punishment. Two decades later, I am still appalled by that decision. It has to be wrong as an originalist matter, as the meaning of the Eighth Amendment cannot change based on what states do. And Kennedy offered no objective basis to determine what the “national consensus” even was.…

from the every-victory-pyrrhic dept Plenty of people are going to disagree with this headline. But why should I bother defending it when I can let the government dig its own hole? From Executive Order 14367, issued by President Trump last December: Illicit fentanyl is closer to a chemical weapon than a narcotic.  Two milligrams, an almost undetectable trace amount equivalent to 10 to 15 grains of table salt, constitutes a lethal dose.  Hundreds of thousands of Americans have died from fentanyl overdoses. The manufacture and distribution of fentanyl, primarily performed by organized criminal networks, threatens our national security and fuels…

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