Last month the Supreme Court saved Simmons's life. The citizens, legislators, and governor of Missouri (and those of 19 other states) had, it turned out, fallen grievously and unconstitutionally behind "the evolving standards of decency that mark a maturing society." Five justices decided that the Constitution prevented anyone under the age of 18 from being sentenced to death. So Christopher Simmons will live.
It appears, at this writing, that Terri Schiavo will not. . . .
. . . it would be wrong to suggest, as some conservatives have, that our judicial elite is systematically biased against "life." After all, they have saved the life of Christopher Simmons. It would be wrong to argue, as some critics have, that our judges systematically give too much weight to the husband's wishes in situations like Terri Schiavo's. After all, our judges have for three decades given husbands (or fathers) no standing at all to participate in the decision whether to kill their unborn children. It would be wrong to claim that our judges don't take seriously legislation passed by the elected representatives of the people. After all, our judges are committed to upholding the "rule of law"--though not, perhaps, the rule of actual laws passed by actual lawmakers.
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