Monday, June 29, 2020
Linda Ross Meyer (Quinnipiac University School of Law) has posted How the Supreme Court Lost its Reason on SSRN. Here is the abstract:
This is a short essay on the U.S. Supreme Court's opinion in Kahler v. Kansas, in which the Court held that the right/wrong M'Naghten test of insanity is insufficiently fundamental to be required by Due Process. I argue that the holding is, in part, the symptom of a deep and pernicious positivism and moral cynicism that is itself a kind of "not knowing" of the difference between right and wrong.