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Final Rehearing Brief in Kennedy

By Corey Rayburnyung

The last brief is in on the question of whether Kennedy v. Louisiana should be reheard. From Louisiana's new brief:Military law is American law. Yet the briefing to this Court continues to be marred by misstatements that demonstrate an inattention to military law.... The federal government can punish child rapists only in limited situations, so it is hardly surprising that Congress has not enacted a general law on the matter. However, when Congress does act?and in the uniquely federal realm of military law?such action presents compelling objective indicia, particularly when coupled with recent State enactments.... In the rare instances when modern military law employs noncivilian rules, a unique military interest is at stake. For example, in Parker v...continue to full post

Full post as published by Sex Crimes on September 25, 2008 (boomark / email).