The Justice Department yesterday asked the Supreme Court to rehear Kennedy v. Louisiana, the case that ruled unconstitutional the death penalty for child rape.
According to SCOTUSblog, the move is especially unusual because the Justice Department was not involved in the case the first time around. But after a blogger noted that the Supreme Court’s finding of a “national consensus” against the death penalty for child rape had ignored Congress’s specific and recent approval of that penalty in the Uniform Military Code of Justice, the omission made it to the front page of the New York Times. And now, the Justice Department has decided that it might be time to get involved.
The motion says:
Because the Court did not have a complete description of the relevant legal landscape, the Court’s decision rests on an erroneous and materially incomplete assessment of the “national consensus” concerning capital punishment for child rape. That error undermines the foundation for the Court’s decision.
Indeed. Not that it will make the slightest difference to Anthony Kennedy, the Court’s worst justice.