Supreme Court Could Revist Death Penalty for Child Rape Decision

The Supreme Court is taking another look at one of last term's most controversial decisions, that it is unconstitutional to impose the death penalty on those who rape but do not kill children.

The highly unusual order from the court Monday stems from a glaring omission in the case: Lawyers on both sides failed to realize, and therefore failed to inform the court, that Congress had passed a federal law authorizing the death penalty for child rape by military personnel.

The court is asking the parties on both sides, as well as lawyers for the Bush administration, to file court papers on whether a rehearing is required and whether the existence of that federal law should change its analysis of the case. The briefs are due Sept. 24. A decision to rehear the case will take the votes of five justices under Supreme Court rules.