Some of you may remember my post about the cert petition in Kennedy v. Louisiana, and the question of whether the "evolving national consensus" theory of the Eighth Amendment only goes in one direction - that is, if it's true that the action of some states to ban a punishment in a particular context (here, the death penalty for child rape) transmutes that punishment into a "cruel and unusual" one for constitutional purposes where it was not before, is it also true that more states adding that punishment can make it not cruel and unusual?
Well, today the Court granted cert in Kennedy, so the Court will be faced with that question, among others.
Since I can't immediately have my first wish regarding the "evolving national consensus" -- which is to have Anthony Kennedy cast into the newly formed 10th ring of hell for such a rape of the Constitution, then I watch this with relish. Liberals are by definition self-contradicting self-loathers, and this case will hopefully highlight their utter hypocrisy.
My prediction is that the court libs will vote against the state. What AK will do, who the heck knows. He has no compass I'm aware of.
Stare decisis is fo' suckas -- Feddie