Addendum to KENNEDY v. LOUISIANA

In my opinion on the case I asserted that States could be forced to lessen punishments but not to increase them. I think on further contemplation that punishments for crimes could be found cruel and unusual on the basis of being unusually minimal and cruel in negating the normal function to society of punishment. Though it is still hard to imagine a course of action that would allow he court to rule on that question directly, unless as an accessory to another issue.