Alabama AG Steve Marshall asks Supreme Court to reverse child rape death penalty ban

(Attorney General Steve Marshall/Facebook)

Alabama Attorney General Steve Marshall is advocating for the U.S. Supreme Court to reverse a decision that he believes removed a needed deterrent against child predators.

Marshall, who is also running for U.S. Senate in 2026, has joined a coalition of 20 attorneys general supporting efforts to correct the U.S. Supreme Court’s 2008 decision in Kennedy v. Louisiana, which struck down state capital punishment laws for child rape.

The multi-state letter emphasized that the Kennedy decision stripped states of a vital tool to punish and deter predators who commit the most extreme sexual assaults against children. It argued that the decision disregarded the profound harm inflicted on victims, equated their lifelong trauma with lesser crimes, and undermined the ability of states to protect their most vulnerable citizens.

“Alabama has long been a leader in standing up for the rule of law and for the protection of children,” Marshall said. “I am proud to stand with President Trump and my fellow attorneys general in fighting for laws that reflect the seriousness of this evil and deliver justice for its victims.”

The issue received new attention this year after horrifying finding of a months-long investigation into a child sex trafficking ring that authorities say may have victimized at least 15 children in Bibb County.

“We must use every tool at our disposal to protect children, deter predators, and impose just punishment,” Marshall continued. “Alabama will not hesitate to do its part.”

The coalition emphasizes that states now have both the authority and the responsibility to enact carefully crafted statutes that will withstand judicial scrutiny and allow for the ultimate punishment in these horrific cases.

Attorney General Marshall and the coalition noted that since Kennedy, states have continued to enact legislation authorizing capital punishment for aggravated child rape, showing that there is no true national consensus against the practice and demonstrating efforts to enact child rape statutes that are distinguishable from the one that was struck down in Kennedy.

Yaffee is a contributing writer to Yellowhammer News and hosts “The Yaffee Program” weekdays 9-11 a.m. on WVNN. You can follow him on X @Yaffee