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.

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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