Clarice Feldman at The American Thinker notes that a blogger has found a serious error in Anthony Kennedy's opinion in (Patrick) Kennedy vs. Louisiana. This was the decision handed down last week that negated a Louisiana law that made raping a child punishable by death. A 5-4 majority ruled that, in Justice Kennedy's words, capital punishment in cases where no one dies violates our society's "evolving standards."
This is factually and demonstrably incorrect, according to Feldman. In 2006 Congress, the voice of the people, voted to make rape of a child committed by military personnel a capital offense. Apparently no one on the Court was aware of this fact, and it completely undermines the rationale for Kennedy's opinion.
Feldman argues that there are now grounds for Louisiana to request that SCOTUS reconsider their decision. They have until July 21st to file for a rehearing.
Justice Kennedy is going to look pretty foolish if the decision is allowed to stand. How can he argue that capital punishment is in conflict with society's "evolving standards" when the body that is constitutionally established to reflect the will of the people declared just two years ago that the death penalty in child rape cases is appropriate?
RLC