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- Court: Man can't be retried for murder after mistrial ruling
- Michigan Democrats back Nessel for state attorney general
- Question of sales tax on online purchases goes to high court
- Supreme Court again refuses to hear Blagojevich appeal
- Court hears case alleging unconstitutional 6th District gerrymander
- Maryland redistricting case comes before Supreme Court
- Courts weighing numerous challenges to political boundaries
- Arkansas wants court to dissolve stay for death row prisoner
- TransCanada doesn't have to pay landowner attorneys
- Martin Shkreli cries in court, is sentenced to 7 years for securities fraud
But even those who see Justice Stephen Breyer's dissent as a silver lining think it will take time to mount a viable challenge.
And Breyer's words don't change the fact that the Supreme Court has consistently upheld capital punishment for nearly four decades. The five justices forming the majority in Monday's decision made it clear they feel that states must somehow be able to carry out the death penalty.
In disagreeing with the 5-4 ruling that approved Oklahoma's use of an execution drug, Breyer, joined by Justice Ruth Bader Ginsburg, called it "highly likely that the death penalty violates the Eighth Amendment," which protects against cruel and unusual punishment.
"It was a sweeping and powerful dissent that issues an invitation that we should accept, which is to make the case for why today the death penalty itself is no longer constitutional," said Cassandra Stubbs, director of the Capital Punishment Project of the American Civil Liberties Union.
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