The State of Louisiana filed for reharing in Louisiana v. Kennedy, the landmark death penalty case in which the Court held, 5-4, that capital crimes cannot Consitutionally include non-life ending crimes such as child rape. The state filed a petition for rehearing earlier this summer and since then the Federal Government has asked to join them in requesting a rehearing of the case in light of the oversight of a possibly significant federal military law that the Court had never been notified of and likely did not know was on the books.

The court issued is final orders list of the summer last week (here) and, once again, did not take action on the case. The next time the court is expected to hand down orders is on September 29 after its first conference of the new term.

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