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The Court’s rules add that, unless there are extraordinary circumstances, rehearing will not be granted unless a response is first requested. (C Kennedy, 1992)

The decision in the Louisiana case, issued on June 25, came on a vote of 5-4, with Justice Anthony M. Kennedy writing for the majority. One of those five would have to support rehearing, presumably along with the four dissenters, for that to happen...

Kennedy writing for the majority. One of those five would have to support rehearing, presumably along with the four dissenters, for that to happen.

The Court’s decision had two parts: a survey of laws and official actions, leading the Court to conclude that there was a consensus against the death penalty for child rape, and a separate expression of the Court’s own independent judgment about whether capital punishment should ever be available for a crime that did not result in the victim’s death a point on which the Court said no...

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