Consensus is a euphemism for a lack of leadership.
The Court long ago struck down the DP for cases of rape, so no surprise here. This country has been under assault for nearly a century from within, and it’s really starting to show now.
Justice Kennedy started with the result that he wanted, and worked his way backwards.
Kennedy doesn’t care what the reasoning is, just as long as capital punishment is forbidden for non-capital crimes.
He probably relied on French and German law to make up his mind, not American law.
Anthony Kennedy is a Reagan appointee.