Court bans death panel for child rape

If you think that “we the people” run this country through our elected officials the Supreme Court has once again proved you wrong. Yet again four old men and one crotchety old woman in black robes have overturned the will of the people as expressed through their State Legislature. In this case it is Louisiana that came out on the short end of the stick with SCOTUS.

The Court today struck down a Louisiana law that allowed for the death penalty for perpetrators of child rape. Two men on Louisiana’s death row will now have to be resentenced one for the rape of his 8 year old step-daughter, the other for repeatedly raping a 5-year-old girl.

Justice Kennedy wrote the majority opinion with the usual suspects concurring and Scalia, Alito, Thomas and Roberts dissenting. Here are some of his expert legal opinions:

  • “Executions are too severe a punishment for raping children, despite the "years of long anguish" for victims”, in a ruling that restricts the death penalty to murder and crimes against the state.
  • "the death penalty is not a proportional punishment for the rape of a child”
  • Rape and other crimes "may be as devastating in their harm, as here, but 'in terms of moral depravity and of the injury to the person and to the public,' they cannot be compared to murder in their 'severity and irrevocability,'
  • The absences of any recent executions for rape and the small number of states that allow it demonstrate "there is a national consensus against capital punishment for the crime of child rape."
  • He also cited arguments made by social workers and others that children and their families might not cooperate with authorities if a death sentence could result against the rapist. In many cases, including the one before the court, the victim and rapist are related.
  • With the court already on record this term reaffirming the constitutionality of capital punishment in a case dealing with lethal injection, Kennedy dwelt at length on the need to limit the death penalty to the most heinous killings.

"The opinion reads more like an out-of-control legislative debate than a constitutional analysis," said Louisiana Gov. Bobby Jindal, a Republican. "One thing is clear: The five members of the court who issued the opinion do not share the same 'standards of decency' as the people of Louisiana."

The author of the Louisiana law, former Republican state Rep. Pete Schneider, said even opponents of the death penalty told him they would kill anyone who raped their children. "When are you going to have the courage to stand up for what's right for all of the people — but especially the children under 12 that have been brutally raped by monsters?" Schneider demanded, directing his comments to the justices in Wednesday's majority.

This idiot Justice and his cohorts believe that “crimes against the state” are more heinous than the rape of a child? These are the same five Justices that uphold abortion at every turn, that allow for the infanticide of 1.37 million every year but won’t take the life of a child rapist.

What has our Nation come to?

 

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