Frivolous Lawsuits

Poser has already noted that State Attorney General Troy King is appealing the case of Renaldo Adams hoping Scotus will overrule last year’s Roper decision that banned the execution of killers who were under 18 when they committed their crimes. He correctly notes that the two new justices replaced two Roper dissenters. Thus, the head count is still 5-4 upholding Roper.

That means this case has no legal merit. A.G. King’s arguments are all very persuasive, and they may be correct. However, Scotus considered them last year and rejected them. The five justices who did so are all still on the court.

Then if he has no legal justification for this appeal, why is he bringing it? My initial plan for this post was to slam the A.G. for using the legal system solely for for personal political gain. As an attorney, when you sign the brief, you are telling the court that this is a good argument, submitted for proper legal reasons. I would think twice about signing this brief, because it is patently meritless.

On the other hand, the victim’s surviving relatives have suffered unbelievably, and the A.G. does represent their interests. They need to know someone is fighting for them. The fight is futile and a waste of taxpayer’s resources, but understandable.

In sum, the A.G. is wrong to file this brief, but I won’t impute the baser motives to him. I’ll assume he is acting at least partly out of compassion for the victim, rather than solely out of his own self-interests.

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