3 ms·

There’s no dissent on the unfair conviction. The dissent is on the remedy. Courts don’t make law. That’s a good thing. The legislature can fix the law to al

by mulmen 4y ago

There’s no dissent on the unfair conviction. The dissent is on the remedy. Courts don’t make law. That’s a good thing. The legislature can fix the law to allow revisiting cases or abolish the death penalty, or both. The governor can pardon this man. The courts already mishandled the case, why do we expect them to fix it? This is why we have separate but equal branches of government.

ceejayoz 4y ago
> Courts don’t make law. That’s a good thing. So is the ability to invalidate laws that violate the constitution. "You can't do that" isn't making law. The law preventing judicial review in this case violates the Eighth Amendment. If a state passed a law saying "courts can't intervene in First Amendment cases" it'd clearly not pass muster and get struck down; why do you feel it works here? > The legislature can fix the law to allow revisiting cases or abolish the death penalty, or both. The governor can pardon this man. And if they do not, the court should step in to fix the Eighth Amendment violation. The Eighth is definitely law, and it definitely applies to all three branches of Oklahoma government. > The courts already mishandled the case, why do we expect them to fix it? Why wouldn't we? They do that all the time; again, it's why we have appeals courts.
- mulmen 4y ago
  Then appeal it, but that's not a question this court can answer about this case. They made the decision they have to make. The appeals court is the one that can rule on constitutionality.
  - ceejayoz 4y ago
    This decision was by the appeals court. > The Oklahoma Court of Criminal Appeals on Thursday denied Richard Glossip’s request to vacate his conviction — despite the fact that the state’s Republican attorney general agreed with the request from Glossip’s lawyers.

3 ms·

There’s no dissent on the unfair conviction. The dissent is on the remedy. Courts don’t make law. That’s a good thing. The legislature can fix the law to al

by mulmen 4y ago

ceejayoz 4y ago
> Courts don’t make law. That’s a good thing. So is the ability to invalidate laws that violate the constitution. "You can't do that" isn't making law. The law preventing judicial review in this case violates the Eighth Amendment. If a state passed a law saying "courts can't intervene in First Amendment cases" it'd clearly not pass muster and get struck down; why do you feel it works here? > The legislature can fix the law to allow revisiting cases or abolish the death penalty, or both. The governor can pardon this man. And if they do not, the court should step in to fix the Eighth Amendment violation. The Eighth is definitely law, and it definitely applies to all three branches of Oklahoma government. > The courts already mishandled the case, why do we expect them to fix it? Why wouldn't we? They do that all the time; again, it's why we have appeals courts.
- mulmen 4y ago
  Then appeal it, but that's not a question this court can answer about this case. They made the decision they have to make. The appeals court is the one that can rule on constitutionality.
  - ceejayoz 4y ago
    This decision was by the appeals court. > The Oklahoma Court of Criminal Appeals on Thursday denied Richard Glossip’s request to vacate his conviction — despite the fact that the state’s Republican attorney general agreed with the request from Glossip’s lawyers.