Chief Justice Truepenny agrees that the law had been violated and that judges, both at trial and on appeal, have no choice but to uphold the conviction.
The exchange between Chief Justice Truepenny and Justice Keen about executive clemency probes at some depth enduringly important debates about separation of powers and the judicial role.
The views of Justice Keen, and to a slightly less extreme extent Chief Justice Truepenny, can thus be seen as not much different from the views of dissenting Judge Gray in Riggs, who would have taken the literal meaning of the Statute of Wills to be controlling despite the injustice such a reading would produce.
Under a standard understanding of what counts as law, this is an easy case, as both Chief Justice Truepenny and Justice Keen recognized.
Oldbuck, who always, albeit begrudgingly, bows to Edie's discernment, hails the bagger after his wise remark with a fitting monetary metaphor (which he quotes from Hamlet): "Aha, old Truepenny
, art thou there?
Chief Justice Truepenny votes to uphold the verdict because the statute "permits of no exception applicable to this case, however our sympathies may incline us to make allowance for the tragic situation in which these men found themselves.
After the second opinions to affirm (Justice Keen) and reverse (Justice Handy) are proffered, Chief Justice Truepenny asks Justice Tatting to reconsider.
At the opposite end, the conservative bloc of the Newgarth Supreme Court included Chief Justice Truepenny and Justice Keen, while Chief Justice Rehnquist and Justices Scalia and Thomas represent the conservative faction in the Supreme Court.
Just as Chief Justice Truepenny and Justice Keen in The Case of the Speluncean Explorers felt constrained by their institutional role to defer to the Legislature's overly broad statute in affirming the defendants' murder convictions, Justice O'Connor deferred to Michigan's thin diversity rationale in sanctioning the use of race in admissions.
185) These themes are most strongly identified in the opinions of Chief Justice Truepenny and Justice Keen.
On the other hand, joining Chief Justice Truepenny and Justice Keen to affirm the convictions also would have damaged legal doctrine (by freezing the reach of the murder statute) and the court's reputation.
Chief Justice Truepenny notes that there is "every reason to believe" that the clemency requests will be heeded by the Chief Executive.