The Post, which supports the result in the Supreme Court’s Kennedy v. Louisiana decision invalidating the death penalty for rape, concedes (in an editorial yesterday) that the case should be reconsidered in light of the error on which the ruling was based.
Relevant to the issue we’ve talked about here and on Bench Memos, the Post says it takes the vote of five justices to rehear a case — although the editors do not say how they know that.






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