Per a Law.com item, the state of Louisiana has called for the US Supreme Court to reopen the case Kennedy v. Louisiana, which the court ruled on one month ago. The court had ruled that the death penalty was inappropriate for a child rape, despite the horrific nature of the crime.
The state’s request is unusual, but is based on its failure to consider a national law that was implemented in 2006 that authorizes the death penalty for members of the military who are convicted of child rape. This would undermine the court’s statement in its official opinion, written by Justice Kennedy, that there is a “national consensus” against execution for rape.
The state’s lawyers, who were not aware of the law to include it in the legal defense, are hoping that the court’s failure to consider the military law will cause it to reopen the case.