I'll have a post up about my thoughts on this soon, particularly given the fact that the SCOTUS just decided child rapists can't be given the death penalty. That's hogwash, and the Court's reasoning is pretty much nonexistent. A "national consensus" on the death penalty? Hardly. "Evolving standards of decency?" Who's standards? They certainly aren't talking about my standards, because I'd fry every last one of the sick bastards.
It seems to me like the Court couldn't find a way to base their decision on the actual Constitution, so they based it on their own "feelings" and decided that the nation felt the same way. Maybe Scalia is right and the Court really is "free at last." Needless to say, basing a decision on "evolving standards of decency" and "national consensus" sets a dangerous precedent whereby the Constitution can be ignored in favor of the judicial interpretation of the "national consensus" on the issue at hand.
I find this decision disconcerting, maybe even ominous coming on the eve of Heller.