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U.S. Supreme Court,
Criminal,
Constitutional Law

Jul. 17, 2015

Breyer's powerful death penalty dissent

The Supreme Court justice's dissent in a recent case is a blueprint for ending the death penalty.

Stephen F. Rohde

Email: rohdevictr@aol.com

Stephen is a retired civil liberties lawyer and contributor to the Los Angeles Review of Books, is author of American Words for Freedom and Freedom of Assembly.

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In U.S. Supreme Court history, a few powerful dissenting opinions have eventually won over a majority of the court. In Glossip v. Gross, 2015 DJDAR 7481 (June 29, 2015), Justice Stephen Breyer, joined by Justice Ruth Bader Ginsburg, wrote a powerful dissenting opinion on the death penalty that presented compelling reasons why capital punishment violates the Eighth Amendment's prohibition on "cruel and unusual punishment." Depending on the court's ...

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