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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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
On Tuesday, the justices released their opinions in New Prime Inc. v. Oliveira and Stokeling v. United States.
On Monday, the justices heard oral argument in Thacker v. Tennessee Valley Authority and Rimini Street Inc. v. Oracle USA Inc.
On Tuesday, the justices heard oral argument in Home Depot U.S.A. Inc. v. Jackson and Azar v. Allina Health Services.
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Cases argued	43
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Summary reversals	2
Merits cases granted to date	73

Kennedy v. Louisiana

SCOTUSblog Coverage

Briefs and Documents

Featured Posts

Challengers urge justices to dismiss census case after district court ruling – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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Merits Case Pages and Archives

Recent Decisions

Current Relists

Conference of January 18, 2019

Major Cases

Recent Special Features

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Jan. 2019

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First Mondays see all

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Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award