Source:
ReutersCourt won't revisit child rape execution caseWed Oct 1, 2008 12:51pm EDT
By James Vicini
WASHINGTON (Reuters) - The U.S. Supreme Court
rejected on Wednesday a request by Louisiana and
the Bush administration to revisit its recent ruling
that outlawed the death penalty for those convicted
of raping a child.
The state and the Justice Department had asked the
nation's high court to take the rare step of
reconsidering its decision because they neglected to
tell the court that Congress in 2006 had made child
rape a capital offense under U.S. military law.
By a 7-2 vote, the court refused to revisit its
decision issued at the end of June. Republican
presidential candidate Sen. John McCain, his
Democratic rival Sen. Barack Obama and other
politicians all said they disagreed with the ruling.
Justice Anthony Kennedy said for the court majority
that the Constitution barred a state from imposing
the death penalty for the rape of a child when the
crime did not result, and was not intended to result,
in the victim's death.
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http://www.reuters.com/article/topNews/idUSTRE49065K20081001