Louisiana Supreme Court upholds death penalty for rape of an 8-year-old girl

[Kaine for Senate '18]

The problem lies not with the Court's application of the national consensus test, but with the test itself. It is absurd and illogical to say that a punishment is constitutional if more than 50% of the states impose it, and unconstitutional otherwise.

I totally agree.  I've noticed that a number of correct decisions: Brown v. Board, Roe v. Wade, and Roper v. Simmons, to name a few, aren't grounded all that strongly in actual Constitutional law.