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 McCainIs McCain confident in Trump? ‘I do not know’ Schumer, Cardin to introduce legislation on Russia sanctions Graham says he will vote for Tillerson MORE campaign has been recently trying to hit Barack ObamaBarack ObamaEx-Clinton aide: Spicer should have resigned rather than lie Zuckerberg moves spark 2020 speculation Crowd experts: Women’s march three times bigger than inauguration 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."