From the Wall Street Journal web site:
WASHINGTON – Louisiana can’t put a man to death for raping his young daughter, the U.S. Supreme Court ruled Wednesday by a vote of 5-4.
Justice Anthony Kennedy wrote the majority opinion in the child rape case that the Eighth Amendment to the U.S. Constitution, which prohibits excessive punishment, does not allow the death penalty to be used unless a death is involved.
Texas Attorney General Greg Abbott argued vigorously for the opposite view. I will elaborate more on this decision later today.