Mark Kleiman:
If a state law called for shoving a red-hot poker up the defendant's rectum immediately after indictment, Thomas (George Bush's ideal Justice) would point out that the precedent of Richard II showed that such a practice was not "unusual," and that in any case it wasn't covered by the Eighth Amendment because it was pre-conviction and therefore not "punishment," which by definition comes after conviction and sentence. That's just the sort of guy he is.
(Via
Suburban Guerrilla. And I wrote a bunch of stuff at
The Sideshow about the filibuster deal but I don't want to talk about it anymore. Carry on amongst yourselves.)
