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• Better questions about climate change

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John Roberts and the Death Penalty

According to the Economist,

John Paul Stevens, a Supreme Court justice, criticised the death penalty, saying a substantial number of sentences had been “imposed erroneously”. He insisted the issue should be prominent at next month's confirmation hearings for John Roberts, George Bush's nominee to the court.

I honestly don't know what to think of this. I don't recall ever hearing any of the nine sitting justices comment on a nominee in any manner. Not that there has been a lot of recent precedent for me to observe. And while I have read "A Court Divided: The Rehnquist Court and the Future of Constitutional Law", I am not exactly a SCOTUS scholar or historian by trade.

Does it strike you as odd that a sitting justice would propose a litmus test or comment at all on a nominee? Am I being naïve? Am I reading too much into this? WWSDO'CD?