The quote at the end makes me totally want to read fantasy-law stories:
"Execute this man. Justice has a sword and this sword needs to swing today."
Seriously, though, I fail to see why the death of a victim is a prerequisite for the death penalty. I would think causing a lifetime of psychological damage would warrant such a thing. Moreover, I fail to see how the general trend of most states constitutes justification for a Supreme Court decision affecting one state (unless there's significantly more to it, that seemed to be the basis for Kennedy's decision?). Are they going to demand that all states allow gay marriage if a few more follow suit to California (it's fine with me, but that's a stupid reason to allow it)?
I suppose voting for a president based on his view of the Court is as good a way to decide as any. Not that I was going to vote for Obama anyway, but all I can find about McCain's view of the Constitution is that he likes guns. Has he expanded on that?