Ginsburg man is on death row for the rape of his 8-year-old stepdaughter . Texas enacted a version in June , but no defendant has been designated death-eligible for child rape in any state but Louisiana . Court banned execution for rape in 1930 to 1964 , but Louisiana law differs . Kennedy , Ginsburg and Kennedy express concern about fair application of law . Justice Breyer might be the swing vote .
Ginsburg man is on death row for the rape of his 8-year-old stepdaughter . Court banned execution for rape in 1930 to 1964 , but Louisiana law differs . Kennedy , Ginsburg and Kennedy express concern about fair application of law . Justice Breyer might be the swing vote .