I am surprised I didn’t see more blogs lit up over this today (Allahpundit over at Hot Air did hit on it, though).

The Supreme Court was wrong.

That is, Anthony Kennedy, who wrote the majority opinion in Kennedy v. Louisiana, was wrong.  If you recall, Kennedy wrote in his opinion (discussed here last week) that

Thirty-seven jurisdictions—36 States plus the Federal Government— currently impose capital punishment, but only six States authorize it for child rape.

Kennedy then used this fact to establish that Congress’ lack of action to enact capital punishment for child rape reflected the country’s growing desire to treat child rapists more kindly.  I’m still gagging over that one.

In Wednesday’s New York Times, we find that Kennedy, along with …

Lyle Denniston at the SCOTUS Blog provides some interesting insight into today’s decision in Kennedy v. Louisiana, a death-penalty case that has now been overturned by the high court. This was a case of child rape. Eight years old. By the her step-father.

The court is wrong.

As Lyle observes, the court has been progressively narrowing the conditions under which the death penalty can be used. By itself, this is a frustrating fact as the court appears to be referencing reasons with less basis in law and more basis in their feelings. Lyle observes:

…the longer a Justice stays on the Court and watches capital cases come and go, the greater the prospect that capital punishment will lose another vote…

But more disturbing is …