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Led, inevitably, by Justice Kennedy, the Supreme Court has abolished the use of the death penalty as a punishment for raping children. The case was Kennedy v. Louisiana, and the meretricious reasoning was that such a sanction violates the Constitution's ban on cruel and unusual punishment; death, the justices held, is by definition a disproportionate punishment for crimes that do not result in death. Yet the death penalty will continue to be in play for other crimes that do not cause death, such as treason and espionage. The Court simply proceeded as though such cases did not exist or were irrelevant to its reasoning. Justice Alito, writing in dissent, ...