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Supreme Court OKs Use Of Lethal Injection

Publication Date: 
April 17, 2008
Daily Journal
Brent Kendall

Professor Jeffrey Fisher is quoted in The Daily Journal about a death penalty case he argued before the Supreme Court of the United States:

Shortly after announcing its lethal injection opinion, the court heard arguments in another high-profile death penalty case: Does the Constitution allow the death penalty for the crime of child rape? Kennedy v. Louisiana, 07-343.

Stanford law professor Jeffrey Fisher, arguing for Louisiana death row inmate Patrick Kennedy, said the Eighth Amendment should impose an absolute bar on executions for child rape. He also said Louisiana's law was unconstitutional because it was written so broadly that it did not limit the class of people who could be executed.


The justices appeared deeply divided by the case, and the outcome could hinge on the position of Justice Kennedy, who in recent years was a key vote in favor of banning the death penalty for the mentally retarded and for offenders under the age of 18.

A decision is expected by the end of June.