Supreme Court - Child Rapist Death Penalty Decision

Op-Ed

Supreme Court - Child Rapist Death Penalty Decision

Edward Lynch Candidate Congress FL- 19

In a stunning blow to the safety and protection of our nation's children, the U.S. Supreme Court, in a 5-4 decision, overturned the death penalty of a Louisiana man awaiting execution for brutal rape of a child. Three-hundred pound Patrick O. Kennedy, was convicted of brutally attacking and viciously raping his eight-year old step-daughter and then coaxing her to lie to police.

Justice Anthony Kennedy, writing for a 5-4 majority, found that "a death sentence for one who raped but did not kill a child, and who did not intend to assist another in killing the child, is unconstitutional."

The eighth amendment to the constitution clearly states, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

This candidate would like to ask Justices Kennedy, Ginsburg, Breyer, Souter and Stevens what part of the eighth-amendment do you not understand? Does the word "and" have no meaning to you? The amendment does not read cruel or unusual punishment. It clearly states "and." If the five justices believe the death penalty is cruel that may be fine. However, the penalty is not "unusual" for the state of Louisiana. Therefore, it is this candidate's contention that the five Justices are once again rewriting the constitution from the bench.

Justice Hugo Black once said, "Our Constitution was not written in the sands to be washed away by each wave of new judges blown in be each successive political wind."

In addition, an ABC report stated, "an advocate group for child's rights praised the decision. They condemned Louisiana's law because they were fearful that if a child rapist knew he might face the death penalty he would have an incentive to kill his victim." I believe the advocates have it backwards. If a child molester knew he would receive the death penalty maybe he would not commit this heinous crime in the first place.

This candidate would like to congratulate Justices Roberts, Scalia, Thomas and Alito, who wrote a brilliant decent and for upholding their solemn oath to defend the Constitution and interpreting its original intent when the framers wrote this magnificent document that is supposed to hold the fabric of this great nation together.

I applaud Justice Alito for believing, as I do, that the constitution gave the court no authority to overturn the reasoned judgment of the good people of Louisiana. This case should have never reached the Supreme Court.

If the highest court in the land cannot protect our children, who will?

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