"The death penalty is not a proportional punishment for the rape of a child"

[creekster]

Originally Posted by minn_stat

I don't have strong feelings one way or another regarding the subject of whether or not the death penalty is appropriate for rape victims. However, I do have strong feelings about the appropriateness of SCOTUS, or any other court, overturning a law enacted through the appropriate venues on such flimsy reasoning. Let the people, through their representatives, make the laws. If they are in clear breach of the constitution, fine, overturn them. But the reasoning I'm seeing here doesn't come close, IMO.

I havent' read th eopinon but didn't the court say exactly what you are suggesting it should say, that the law violates the 8th amendment?