A major Supreme Court ruling last week on the death penalty was based, in part, on a factual error.
The New York Times reports this morning that the decision, barring execution for people who rape children, drew on a belief that the convicted would now face capital punishment in only six states and not under the federal government. The Times writes:
This inventory of jurisdictions was a central part of the court's analysis, the foundation for Justice Anthony M. Kennedy's conclusion in his majority opinion that capital punishment for child rape was contrary to the "evolving standards of decency" by which the court judges how the death penalty is applied.
But as the folks over at CAAFLOG soon pointed out, Congress added child rape to the list of capital offenses in the Uniform Code of Military Justice back in 2006. So now what? The losing side has 25 days to ask the court to look again at the June 25 ruling.