Ah, but the Supreme Court has repeatedly found that execution is not in and of itself cruel and unusual punishment, as long as you follow procedures and don’t apply it arbitrarily.
In this case, deterring justices from staying on the bench forever. :-)
If, however, the passage of this law made SCOTUS decide the throw precedent to the wind (and this is the court to do it) and decide that the death penalty WAS in fact unconstitutional, I’d still take it as a win
Ah, but the Supreme Court has repeatedly found that execution is not in and of itself cruel and unusual punishment, as long as you follow procedures and don’t apply it arbitrarily.
“ In Gregg v. Georgia, 428 U.S. 153 (1976), the Court refused to expand Furman. The Court held the death penalty was not per se unconstitutional as it could serve the social purposes of retribution and deterrence.” (From https://www.law.cornell.edu/wex/death_penalty#:~:text=The Supreme Court has ruled,it must be carried out.)
In this case, deterring justices from staying on the bench forever. :-)
If, however, the passage of this law made SCOTUS decide the throw precedent to the wind (and this is the court to do it) and decide that the death penalty WAS in fact unconstitutional, I’d still take it as a win
I’m not saying a death penalty of any kind is cruel or unusual. I’m saying it would be for this.
Give this a look?
Most notably:
"To measure proportionality, the court must look at several factors. These factors include:
I think you think I’m saying one thing, when I’m communicating something less superficial. I’m not saying there cannot be a death penalty.
I’m saying if you want that for SCOTUS, it needs to meet the above criteria.