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Kagan wins case on imprisonment of sex offenders

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usregimechange Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-17-10 05:41 PM
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Kagan wins case on imprisonment of sex offenders
WASHINGTON (AP) -- Supreme Court justices on Monday handed a victory to the woman who could soon be joining them, upholding a federal law allowing for the indefinite imprisonment of inmates considered "sexually dangerous."

The case was one of six Solicitor General Elena Kagan argued on behalf of the government during the past nine months.

Although the dispute was over the continuing imprisonment of people who have finished serving their sentences, the issue before the court was whether Congress has authority to step into an area usually handled by the states.

Kagan compared the government's power to commit sexual predators to its power under the Constitution to quarantine federal inmates whose sentences have expired but have a highly contagious and deadly disease.

http://hosted.ap.org/dynamic/stories/U/US_SEXUAL_PREDATORS_KAGAN?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT



Held: The Necessary and Proper Clause grants Congress authority sufficient to enact §4248.

BREYER, J., delivered the opinion of the Court, in which ROBERTS, C. J., and STEVENS, GINSBURG, and SOTOMAYOR, JJ., joined. KENNEDY, J., and ALITO, J., filed opinions concurring in the judgment. THOMAS, J., filed a dissenting opinion, in which SCALIA, J., joined in all but Part III– A–1–b.

http://www.supremecourt.gov/opinions/09pdf/08-1224.pdf
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howaboutme Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-17-10 06:28 PM
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1. Was that her first win?
She didn't do too well with Citizens United did she, which was a very important case to the USA. Yes I'm one of many who are critical of Obama's current choice as I've had more than enough of the multitudes of Goldman Sachs / Harvard, Princeton , Yale demographic protege appointments that permeate every sector and regulatory agency. This country wasn't built on NYC Ivy League elites, it was about diversity and it was broad based.

We need people in our government that have common sense, ethics, middle American values, instead of Ivy League silver spoons went to mainstream universities, and live in middle America and represent the diversity of all Americans.
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usregimechange Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-17-10 08:53 PM
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2. No, I read she has won a few others, the cross case is one, don't remind me
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Morning Dew Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-17-10 09:02 PM
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3. I am against this. They do this in Minnesota.
No one is ever "cured" enough to release. It becomes a life sentence for people who have completed their sentences.

Don't get me wrong, I am no fan of sex offenders.

I see this as a slippery slope.
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