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Kennedy v. Louisiana, 554 U. S. 407 (2008).
Louisiana’s statute that permits the death penalty for rape of a child under 12 is unconstitutional because the Eighth Amendment bars “the death penalty for the rape of a child where the crime did not result, and was not intended to result, in the death of the victim.”
Justices concurring: Kennedy, Stevens, Souter, Ginsburg, Breyer
Justices dissenting: Alito, Roberts, C.J., Scalia, Thomas
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District of Columbia v. Heller, 128 S. Ct. 2783 (2008).
A District of Columbia statute that banned virtually all handguns, and required that any other type of firearm in the home be dissembled or bound by a trigger lock at all times violates the Second Amendment, which the Court held to protect individuals’ right to bear arms.
Justices concurring: Scalia, Roberts, C.J., Kennedy, Thomas, Alito
Justices dissenting: Stevens, Souter, Ginsburg, Breyer
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Brown v. Entertainment Merchants Association, 564 U. S. ___, No. 08–1448, slip op. (2011).
California state law that imposed a civil fine of up to $1,000 for selling or renting “violent video games” to minors, and required their packaging to be so labeled, struck down as violation of the First Amendment, despite argument that, as related to the sale of these games to minors, that this form of speech fell out of First Amendment scrutiny.
Justices concurring: Scalia, Kennedy, Souter, Ginsburg, Sotomayor, Kagan
Justices concurring specially: Alito, Roberts, C.J.
Justices dissenting: Thomas, Breyer
https://law.justia.com/constitution/us/state-laws-held-unconstitutional.html