Word: dissentation
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Under normal circumstances, it takes a case of national importance to rile the Supreme Court during its summer recess. But in the words of an old axiom about capital punishment, "death is different." And so, on a sleepy mid-August Monday, Aug. 17, the court - over a strong dissent - dusted off an antique tool, unused for nearly half a century, to force a new hearing into the slow-rolling fate of a Georgia death-row prisoner named Troy Davis. In the process, the court has opened up new questions about the death penalty: most crucially, how far the courts must...
...that in and of itself seems to violate the AEDPA, which specifically bars the district judges from having anything more to do with this case. This wrinkle sent Justice Antonin Scalia to his writing desk. In a dissent joined by Justice Clarence Thomas, Scalia noted the odd fact that the Supreme Court was ordering the lower-court judge to hold a hearing that, according to Congress, the judge is not allowed to convene. "Without explanation and without any meaningful guidance," Scalia wrote, the court was sending the district judge "on a fool's errand." The evidence, he asserted, "has been...
...official determination that the Constitution forbids the execution of an innocent prisoner, a seemingly obvious assumption that has never been formally declared? If so, what new filters of trial procedure and judicial review will have to be installed to reach that level of certainty and perfection? In his dissent, Scalia wrote, "This court has never held that the Constitution forbids the execution of a convicted defendant who had a full and fair trial but is later able to convince a habeas court that he is 'actually' innocent...
...wind at his back. At the entrance to al-Mahalla al-Kubra, one of Egypt's largest industrial towns, the tall, bearded "independent" Member of Parliament from the Muslim Brotherhood - whose members are regularly arrested and tortured by the state - hops into a car, buoyed by signs of local dissent. "There are two strikes in Mahalla today," he says, cheerfully. "We will show...
...city of Mahalla demanding that Mubarak will be overthrown, and then people say that these workers are not political?" Even so, says Beinin, most of Egypt's strike leaders don't belong to political parties, and doubts that Egypt's opposition groups will be able to channel workers' dissent into a unified push for political change...