Kennedy v. Louisiana

Background

A man (Patrick Kennedy) challenged the use of the death penalty after a civilian rape conviction and asked the Court to reconsider its prior ruling. After the Court issued its decision in June 2008, the State argued that the military’s allowance of execution for rape should affect the Court’s review. The Court received supplemental briefs from the parties and the United States before deciding whether to grant rehearing.

Reasoning

The central question was whether the military’s allowance of the death penalty for rape changes the constitutional analysis for civilians. The Court explained that military punishments have a separate history and role, noting the military has authorized execution for rape for many years and that Congress and the President recently revised military rape statutes. Even so, the Court said those military developments do not affect its conclusion that the death penalty for this crime is unconstitutional in the civilian context, so the Court’s original reasoning stands.

Real world impact

The Court’s denial of rehearing means its earlier ruling remains in effect for civilian law: the death penalty cannot be imposed in this civilian rape case and the Court treats the penalty as unconstitutional for similar civilian crimes. The decision does not decide whether the military may lawfully impose different punishments, and the Court left military-law questions for separate consideration.

Dissents or concurrances

Two Justices said they would have granted rehearing, and the dissent was revised to note that the Uniform Code of Military Justice permits the death penalty in some cases and therefore might be relevant, a view the majority rejected.