Supreme Court Declines Revisiting Execution Decision
On Sept. 30, the U.S. Supreme Court issued their opinion that declines to revisit its June 2008 decision outlawing executions for individuals convicted of raping children. By a 7-2 vote, the majority of justices based their latest ruling in part on what Justice Anthony Kennedy called a “national consensus” against ruling out the death penalty for convicted rapists.
Ruling Is against Louisiana and Bush Administration Request
The state of Louisiana and the Bush administration via the Justice Department had asked the Supreme Court to reconsider its earlier decision outlawing such executions. That 5–4 decision overturned the death sentence for Patrick Kennedy, who had been convicted of raping his 8-year-old stepdaughter in Louisiana in 1998.
Louisiana is one of six states that allow the death penalty for the crime of raping a child.
Military Law Authorizes Death Sentence for Child Rape
The most recent ruling by the court also addresses military law, which authorizes the death penalty for rape of children (and adults). Justice Kennedy, writing for the majority, noted that the military provision “does not draw into question our conclusions that there is a consensus against the death penalty for the crime in the civilian context and that the penalty here is unconstitutional.”
Justices Clarence Thomas and Samuel Alito voted to hear the Louisiana case again. Justice Scalia and Chief Justice Roberts dissented from the Court’s June decision, but they voted against reopening the Louisiana case. Scalia contended in his dissent that the justices in the majority were using their independent judgment to say that the U.S. Constitution forbids the death sentence whenever the defendant did not kill the victim.
(Source: Associated Press)
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