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Is SCOTUS really thinking about rehearing Kennedy child rape case?

By Douglas A. Berman

As detailed in this post at SCOTUSblog by Lyle Denniston, the Supreme Court today has asked for some more briefing concerning the motion for rehearing in the Kennedy child rape case.  Here are details from that posts:The Supreme Court on Monday called for new legal briefs on possible rehearing ? and, maybe, revision ? of its ruling striking down the death penalty for the crime of child rape. In an order in Kennedy v. Louisiana (found here), the Court sought briefs from lawyers for both sides in the case, as well as from the federal government. The new briefing in 07-343 is to be completed by Sept. 24 ? in advance of the Court?s first Conference of the new Term, on Monday, Sept. 29. The briefs are to discuss two issues, according to the order: first, whether to grant rehearing of the June 25 decision, and second, what action ? if any ? the Court should take if it does reopen the case...continue to full post

Full post as published by Sentencing Law and Policy on September 08, 2008 (boomark / email).