Justice Thomas’s concurring opinion today in Davis v. Ayala is quite extraordinary. In response to Justice Kennedy’s concurrence that attacked the practice of extended solitary confinement (not an issue raised in this case), here is what he said:
I join the Court’s opinion explaining why Ayala is not entitled to a writ of habeas corpus from this or any other federal court. I write separately only to point out, in response to the separate opinion of JUSTICE KENNEDY, that the accommodations in which Ayala is housed are a far sight more spacious than those in which his victims, Ernesto Dominguez Mendez, Marcos Antonio Zamora, and Jose Luis Rositas, now rest. And, given that his victims were all 31 years of age or under, Ayala will soon have had as much or more time to enjoy those accommodations as his victims had time to enjoy this Earth.
It is true that convicted murderers get treated a far sight better than their victims. I’m not sure what that’s supposed to prove though.