Louisiana files final Kennedy rehearing petition brief

As detailed here at SCOTUSblog, Louisiana today filed its final brief before the Supreme Court decides whether to rehear the Kennedy child rape case.  This last brief is available at this link, and here is part of Lyle Denniston's summary:

The new brief went to considerable lengths to try to persuade the Court that the fact that an existing federal law on death penalty for child rape was only a military law, binding in that sector alone, should not make a difference in judging whether it contributes to a “national consensus” in favor of the penalty....

The brief, taking note of the fact that the Court, in judging other crimes and their eligibility for the death penalty, had cited foreign law for guidance, argued that “the failure to consider domestic military law would a fortiori call into question any reliance on the laws and practices of foreign jurisdictions.”

Louisiana also sought to inject a bit of politics into its argument that there is a building consensus in favor of the death sentence for child rape.  It included in its appendices statements from presidential candidates John McCain and Barack Obama criticizing the ruling in Kennedy v. Louisiana.  Also included was a July 10 letter, written to members of the Court, by 85 members of Congress urging the Court to reconsider the decision because of the omission of the military law on the subject.

I continue to predict that the Supreme Court will ultimately deal with all these issues through an amended opinion that adds discussion of military law, but does not change the sum or substance of the Kennedy ruling.  But, then again, who knows what mischief might lie in the hearts of Justices in Kennedy.

Some related posts the Kennedy ruling and a possible rehearing:

• What will (or should) SCOTUS do on the Kennedy rehearing petition?
• Could all the mistakes in Kennedy be corrected?
• Louisiana seeks rehearing in Kennedy child rape case (with some notable lawyers helping out)
• Additional briefing in Kennedy child rape rehearing debate
• Will the Supreme Court rehear Kennedy v. Louisiana?
• Washington Post editorial supports rehearing in Kennedy child rape case
• The international dogs that did not bark in Kennedy
• Ineffective assistance (by prosecutors) in Kennedy child rape case?
• Some first-cut reactions to Justice Kennedy's work in Kennedy
• Culture of life trumps democracy and state experimentation in Kennedy
• Will (and can) "outraged" politicians really do anything about Kennedy?
• Counting to five in the Kennedy rehearing debate
• Add Prof. Tribe to those urging rehearing in Kennedy
• Deep thoughts about Kennedy while rehearing motion pending