Justices Thomas, Stevens Clash Over Death Row Appeal



Law.com (National Law Journal): “In the wake of the Supreme Court’s refusal early Wednesday morning to hear the last-minute appeal of a Tennessee death row inmate, two justices clashed — one with some bite — over whether execution after lengthy delay is cruel and unusual punishment under the Eighth Amendment.”

Note the reference to authorities including Sir William Blackstone and foreign precedents.

Johnson v. Bredesen, No. 09-7839 (Thomas Opinion, Stevens Opinion)



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