Kennedy v. Louisiana

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
07-343	La. S.Ct.	Apr 16, 2008 Tr.Aud.	Jun 25, 2008	5-4	Kennedy	OT 2007

Holding: The Eighth Amendment bars Louisiana from imposing the death penalty for the rape of a child where the crime did not result, and was not intended to result, in the victim's death.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Anthony Kennedy on June 25, 2008. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and and Justices Scalia and Thomas joined.

SCOTUSblog Coverage

SCOTUS for law students (sponsored by Bloomberg Law): Correcting the Supreme Court (Stephen Wermiel)
Kennedy Round-Up (Eliza Presson)
Commentary: Death penalty options narrow (Lyle Denniston)
An Initial Thought on Exxon and Kennedy (Kevin Russell)
Death penalty barred for child rape (Lyle Denniston)
Analysis: Limit may be imposed on death penalty for child rape (Lyle Denniston)
Argument preview: Kennedy v. Louisiana (Scotus Staff)
Court to rule on death penalty for child rape (Lyle Denniston)
State defends death penalty for child rape (Lyle Denniston)
Death penalty for child rape challenged (Lyle Denniston)

Briefs and Documents

Merits briefs [via ABA]

Amicus briefs

Certiorari filings

Petition for certiorari
Brief in opposition
Cert. stage amici briefs can be found here (NACDL), here (NASW, et al.), and here (Lousiana Public Defenders).
The Supreme Court of Louisiana’s Opinion, from the Pet. App., is here

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Current Relists
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
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Kennedy v. Louisiana

SCOTUSblog Coverage

Briefs and Documents

Featured Posts

Argument analysis: ACCA argument becomes a broader discussion of statutory interpretation – Rory Little

Practice Pointer: Digging into DIGs – Kevin Russell

Opinion analysis: The meaning of consent to class arbitration – Charlotte Garden

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