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Kennedy (lack of) rehearing wrap-up and the future of criminal justice federalism

By Douglas A. Berman

Over at SCOTUSblog, Lyle Denniston puts a final spin on the Supreme Court's rejection of the rehearing petition of Louisiana in the Kennedy child rape case with this post titled "Analysis: The death penalty calculus is unchanged."  And How Appealing has helpfully collected all the major media coverage of the conclusion of the Kennedy case here. As regular readers know, I am a big fan of criminal justice federalism and thus I remain disappointed that the Supreme Court's work in Kennedy now categorically prevents states from ever experimenting in any way with the death penalty for any kinds of child rape offenders.  But I am encouraged to discover, as noted in this AP article, at Governor Palin is talking up federalism principles when discussing the work of the Supreme Court and her concerns with Roe v...continue to full post

Full post as published by Sentencing Law and Policy on October 02, 2008 (boomark / email).