When Justice Breyer issued his dissent in this summer’s Glossip v. Gloss case, he invited a new case that would specifically challenge the status of America’s current death penalty as cruel and unusual. As opposed to challenges related to lethal injection, such a case could result in the complete abolition of the death penalty across the country. The legal community is debating what case to bring and when, remembering the backlash resulting from the 1972 Furman v. Georgia that resulted in today’s system of capital punishment. While public opinion is still supportive of the death penalty, an October Gallup poll indicates that support is at its lowest in decades, showing a consistent decline since the 1990s.
This Slate article argues that the debate over the facts has clearly been decided in support of abolition, and that Breyer is indicating chances are good under this court for a majority decision. All eyes are on Justice Kennedy, the critical swing vote.
