Orin Kerr has some worthwhile quotes from today’s 5-4 decision in Kansas v. Marsh that says a lot about how individual justices view their role in a constitutional democracy, and whether ends justify means. But we now have four justices that have announced their openness to unilaterally declaring the death penalty unconstitutional.
Judicial decision-making and the death penalty
Orin Kerr has some worthwhile quotes from today’s 5-4 decision in Kansas v. Marsh that says a lot about how individual justices view their role in a constitutional democracy, and whether ends justify means. But we now have four justices that have announced their openness to unilaterally declaring the death penalty unconstitutional.
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