Source: sentencing.substack.com 6/9/25 With states enacting new capital child rape laws, whither the Supreme Court’s 2008 ruling Kennedy v. Louisiana? The U.S. Supreme Court in 2008, by a 5-4 vote in Kennedy v. Louisiana, overturned a state death sentence for a man convicted of child rape. Though rape was commonly a capital offense in the Founding era and for centuries thereafter, the Kennedy opinion said the Eighth Amendment was dynamic: the “Amendment draws its meaning from the evolving standards of decency that mark the progress of a maturing society, … because the…
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