Op-Ed: Supreme Court Gets it Wrong in 5 to 4 Vote

In a 5 liberal to 4 conservative split, those robe-clad constitutional butchers have decided that raping a child is not all that bad a crime; certainly not one that warrants the death penalty. That, after all, would be cruel and unusual punishment.

Today's decision by the court, striking down Louisiana’s law allowing the death penalty for child rapists, illustrates just how important this presidential election will be to the future of this country. Perhaps the most important power that a president possesses, certainly the one with the longest lasting impact, is the power to nominate Supreme Court justices. These nine individuals are tasked with determining whether or not laws violate the constitution. Liberal justices view the language and intent of the constitution as ever changing or “evolving”. Conservative justices tend to interpret the constitution from a more constructionist perspective. They evaluate the intent and meaning of the constitution as it is was written. Justice Anthony Kennedy (Regan) wrote the following majority opinion:

''The death penalty is not a proportional punishment for the rape of a child.''

He was joined by liberal justices Breyer (Clinton), Ginsberg (Clinton), Souter (Bush) & Stevens (Ford). While acknowledging

''the years of long anguish that must be endured by the victim of child rape.''

, Kennedy concluded that

“the death penalty should not be expanded to instances where the victim's life was not taken.''

What do they think the proper punishment is for raping a child?Maybe we should place child rapists in the general prison population and let the child rapists be raped by other inmates. Would that be proportional punishment? Samuel Alito (Bush) represented the voice of sanity in his dissenting opinion:

''The harm that is caused to the victims and to society at large by the worst child rapists is grave.''...''It is the judgment of the Louisiana lawmakers and those in an increasing number of other states that these harms justify the death penalty.''

He was joined by conservative justices Roberts (Bush), Scalia (Reagan) & Thomas (Bush).

The author of the Louisiana law, former Republican state Rep. Pete Schneider, said even opponents of the death penalty told him they would kill anyone who raped their children. "When are you going to have the courage to stand up for what's right for all of the people — but especially the children under 12 that have been brutally raped by monsters?" Schneider said, directing his comments to the justices in Wednesday's majority.

Stay tuned as they take up second amendment rights, next.