The Supreme Court held Wednesday in a 5-4 decision that people convicted of raping children should not be subject to the death penalty.

The court rejected a Louisiana law allowing the death penalty for those convicted of raping children aged 12 and younger.

Justice Anthony Kennedy in writing the majority opinion said the death penalty was "not a proportional punishment for the rape of a child." Kennedy was joined by the courts four liberal voices.

The decision will likely become an issue on the campaign trail as the John McCainJohn McCainWounded Ryan faces new battle Senate takes up NATO membership for Montenegro A great military requires greater spending than Trump has proposed MORE campaign has been recently trying to hit Barack ObamaBarack ObamaMSNBC's Maddow most-watched among younger viewers for 3rd-straight week Overnight Energy: Trump's climate order coming Tuesday Feehery: Freedom Caucus follies MORE on the issue of judges. Following the court's decision granting habeas corpus right to accused terrorists being held at Guantanamo Bay, the McCain camp hosted a conference call with reporters led by former Sen. Fred Thompson (R-Tenn.) attacking Obama's support for the decision.

Thompson called that decision "another example of the Supreme Court making policy," and said, "if you want a Supreme Court that makes policy, choose Obama."