As I read Justice Stevens’ essay on the death penalty, linked to below by Jonathan Adler and now posted online, the Supreme Court’s striking down the death penalty in 1972 was an example of the Justices “appropriately . . . just trying to interpret the Constitution.” On the other hand, the 1991 decision permitting victim-impact statements was “was regrettable judicial activism.”
Hmm, got it. I think I have a helpful template for him if Justice Stevens wants to turn this review into a newspaper op-ed.