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 Sidney McCainGOP rushes to cut ties to Moore GOP strategist: 'There needs to be a repudiation' of Roy Moore by Republicans World leaders reach agreement on trade deal without United States: report MORE campaign has been recently trying to hit Barack ObamaBarack Hussein ObamaOvernight Cybersecurity: What we learned from Carter Page's House Intel testimony | House to mark up foreign intel reform law | FBI can't access Texas shooter's phone | Sessions to testify at hearing amid Russia scrutiny Russian social media is the modern-day Trojan horse Trump records robo-call for Gillespie: He'll help 'make America great again' 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."