Politics and Culture

From here.

WASHINGTON (CNN) -- The U.S. Supreme Court ruled 5-4 Wednesday that child rapists cannot be executed, concluding capital punishment is reserved for murderers.
Patrick Kennedy, 43, was on Louisiana's death row after being convicted of raping his 8-year-old stepdaughter.

Patrick Kennedy, 43, was on Louisiana's death row after being convicted of raping his 8-year-old stepdaughter.

The ruling stemmed from the case of Patrick Kennedy, who appealed the 2003 death sentence he received in Louisiana after being convicted of raping his 8-year-old stepdaughter.

Justice Anthony Kennedy wrote in the majority opinion that "evolving standards of decency" in the United States forbid capital punishment for any crime other than murder.

The eighth amendment states:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

If capital punishment isn't "cruel and unusual," for murder, why is it so for child rape? The punishment is the same. The only difference is the crime. Can't states decide if the crime of child rape is as bad as murder? Can't the states "evolve" on their own without having to resort to the Supreme Court?