Toobin : In the majority opinion , Justice Anthony Kennedy said `` evolving standards of decency '' forbid capital punishment for any crime other than murder . Ruling falls in line with recent court decisions on death penalty . Justice Kennedy , in particular , said it would not be fair to place sentence on the victim . Public support for executions down in recent years , he said .
Toobin : Ruling falls in line with recent court decisions on death penalty . Justice Kennedy , in particular , said it would not be fair to place sentence on the victim . Public support for executions down in recent years , he said .