The Supreme Court, in holding the death penalty for child rape unconstitutional, found a supposed national consensus against it.(THE WEEK)(Brief article)

The Supreme Court, in holding the death penalty for child rape unconstitutional, found a supposed national consensus against it. But Justice Kennedy, the controlling and opinion-writing justice, goofed, not realizing that a recent federal statute imposed the penalty in just such cases as part of the code of military justice. There is blame to go around for this mistake. The Justice Department, ignorant of the statute, stayed out of the case. It should have gotten involved to stave off judicial activism, and its involvement might have uncovered the datum. But the burden of proof should be on those ...