A resolution expressing the sense of the Senate that the Supreme Court of the United States erroneously decided Kennedy v. Louisiana, No. 07-343 (2008), and that the eighth amendment to the Constitution of the United States allows the imposition of the death penalty for the rape of a child.
Referred to the Committee on the Judiciary. (text of measure as introduced: CR S148)
Congressional Research Service
Official summary
Version 00 · Introduced in Senate · Jan 6, 2009
Expresses the sense of the Senate that: (1) the eighth amendment to the Constitution allows the death penalty for the rape of a child where the crime did not result, and was not intended to result, in death of the victim; (2) the Louisiana statute making child rape punishable by death is constitutional; (3) because Kennedy v. Louisiana was decided under a mistaken view of federal law, the U.S. Supreme Court should grant any petition for rehearing of the case and the portions of the decision regarding the national consensus or evolving standards of decency with respect to the imposition of the death penalty for child rape should not be viewed as binding precedent; and (4) the Supreme Court should reverse its decision on rehearing or in a future case because it was supported by neither commonly held beliefs about cruel and unusual punishment nor by the text, structure, or history of the Constitution.
No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.
Source last updated: Aug 10, 2026. Consult Congress.gov for the current record.
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