This will be an interesting outcome.
Patrick Kennedy (not kidding) (and no not that one, his money got him off) was convicted of raping his 8 year step daughter and was sentenced to death in Louisiana. He is the only person in the US currently on death row for a crime in which the victim did not die.
Shall we predict the outcome??
Here's my guess
Chief Justice Roberts-kill'em
Justice Stevens-grant him parole
Justice Scalia-let'em fry
Justice Thomas-let him fry
Darth Ginsburg-grant him amnesty
Once again it will come down to Justice Kennedy
I can never get a read on him, and apparenlty neither can he..
Kennedy has generally voted to restrict the use of the death penalty. With the Court's majority in Atkins v. Virginia and Roper v. Simmons he held unconstitutional the execution of the mentally ill and those under 18 at the time of the crime. However in Kansas v. Marsh, he declined to join the dissent, which questioned the overall "soundness" of the existing capital punishment system. His opinion for the Court in Roper, as in Lawrence, made extensive reference to international law, drawing the ire of then-House Majority Leader Tom DeLay who called Kennedy's opinion "incredibly outrageous" but stopped short of calling for his impeachment.
 Other issues
On the other hand, Kennedy has joined with Court majorities in decisions favoring states' rights and capital punishment and invalidating federal and state affirmative action programs. Despite his views on states' right, he ruled with the majority in the controversial 2000 Bush v. Gore case that ceased continuing recounts in the 2000 presidential election and ensured the victory of President George W. Bush, a move that was considered conservative-leaning by some.
In the 2005 Gonzales v. Raich case, he joined the liberal members of the Court (along with conservative Justice Scalia) in permitting the federal government to prohibit the use of medical marijuana, even in states in which it is legal, thus invalidating a California law that made the use of medical marijuana legal. Several weeks later, in the controversial case of Kelo v. City of New London (2005), he joined the four more liberal justices in supporting the local government's power to take private property for economic development through the use of eminent domain.
Kennedy has been active off of the bench as well, calling for reform of overcrowded American prisons in a speech before the American Bar Association. He spends his summers in Salzburg, Austria, where he teaches international and American law at the University of Salzburg for the McGeorge School of Law international program and often attends the large yearly international judges conference held there. Defending his use of international law, Kennedy told the September 12, 2005 issue of The New Yorker, "Why should world opinion care that the American Administration wants to bring freedom to oppressed peoples? Is that not because there’s some underlying common mutual interest, some underlying common shared idea, some underlying common shared aspiration, underlying unified concept of what human dignity means? I think that’s what we’re trying to tell the rest of the world, anyway.”
So the question is
1. Do YOU favor the death penalty for baby rapers?
2. What do you think the SC will do?