. . . well sort of. In a slight that the list of contributors to the right won’t forget, I am kidding of course, Senator, Senate Committee on the Judiciary Ranking Member Arlen Specter sent a written question to Solicitor General nominee Elena Kagan, that began:
Last year, in Kennedy v. Louisiana, the Supreme Court held that the death penalty for the crime of child rape always violates the Eighth Amendment. Writing for a five-justice majority, Justice Kennedy based his opinion partly on the fact that 37 jurisdictions – 36 states and the federal government – did not allow for capital punishment in child rape cases. In reality, however, Congress and the President specifically authorized the use of capital punishment in cases of child rape under the Uniform Code of Military Justice (UCMJ) in the National Defense Authorization Act of 2006, as reported first by Col. Dwight H. Sullivan in his blog and later by the New York Times. . . .
See the full set of questions and the nominee’s answers here.