Kennedy v. Louisiana — Alito, J., dissenting

Summary

Justice Alito dissents, arguing that the Eighth Amendment does not categorically prohibit the death penalty for child rape. He contends the Court misidentified the national consensus because legislative inaction resulted from prior dicta, not evolving standards of decency. He further argues the Court’s independent judgment assessment ignores the harm of child rape and that policy concerns about victims are irrelevant to constitutional analysis.