The Supreme Court on Tuesday took action in two death penalty cases, rejecting a broad constitutional challenge to capital punishment from Louisiana and reversing a death sentence from Arizona.
The moves were in keeping with the court’s general approach in this area. It has been open to cutting back on the availability of the death penalty but not inclined to test its constitutionality.
Justice Stephen G. Breyer, dissenting in Glossip v. Gross last year, urged his colleagues to consider the larger question. “Rather than try to patch up the death penalty’s legal wounds one at a time,” he wrote, “I would ask for full briefing on a more basic question: whether the death penalty violates the Constitution.”