As we predicted over two years ago, Anthony Kennedy has become the new swing vote on the court and he decided this 5-4 case.
Is the death penalty on the way out?
Well, I think it's a tough call because support for the death penalty nationwide in the past 10 years has actually been going down. But child rape is such a horrendous crime and all of us have such a natural revulsion towards it that you're never going to get a lot of support for any sort of reduction in sentence.
But I think, given the fact that this is a Supreme Court that said no death penalty for murderers under 18, no death penalty for the mentally retarded, this decision is consistent with a certain restriction on the death penalty, which is reflected in the court but also in a kind of national change that's going on.