Justice Dept. Admits Error in Not Briefing CourtBy LINDA GREENHOUSE
Published: July 3, 2008
excerpt:
WASHINGTON — In a highly unusual admission of error, the Justice Department acknowledged on Wednesday that government lawyers should have known that Congress had recently made the rape of a child a capital offense in the military and should have informed the Supreme Court of that fact while the justices were considering whether death was a constitutional punishment for the crime.
[...]
"It’s true that the parties to the case missed it, but it's our responsibility," the department’s public affairs office said in a statement.
"We regret," the statement said, "that the department didn’t catch the 2006 law when the case of Kennedy v. Louisiana was briefed."
[...]
A civilian Air Force lawyer, Dwight Sullivan, mentioned the omission over the weekend on his military law blog. The New York Times reported the oversight in an account that first appeared Tuesday on its Web site. ~ read more
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read the post by dwight sullivan 'the supremes dis the military justice system'
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