MONTGOMERY, Ala. (WDNews) – Alabama Attorney General Steve Marshall has joined 20 other attorneys general in urging the U.S. Supreme Court to overturn its 2008 decision in Kennedy v. Louisiana, which barred states from imposing the death penalty for child rape.
The coalition argues the ruling took away a critical tool for punishing and deterring predators who commit some of the most extreme crimes against children. They contend the Court’s decision minimized the lifelong trauma inflicted on victims and weakened states’ ability to fully protect their citizens.
“Alabama has long been a leader in standing up for the rule of law and for the protection of children. I am proud to stand with President Trump and my fellow attorneys general in fighting for laws that reflect the seriousness of this evil and deliver justice for its victims,” Marshall said. “We must use every tool at our disposal to protect children, deter predators, and impose just punishment. Alabama will not hesitate to do its part.”
In their letter, the attorneys general emphasized that the Eighth Amendment does not prohibit the death penalty for child rape. They urged the Court to recognize that capital punishment can be an appropriate penalty in such cases, just as it is for murder.
Marshall and the coalition also pointed out that, since Kennedy, states have continued to pass laws authorizing capital punishment for aggravated child rape, demonstrating there is no national consensus against the practice and that lawmakers are working to design statutes that could survive judicial review.
