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Glossip v. Gross

5-4

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Justice Breyer Defends the Death Penalty

Scalia: Breyer is defining unusual to include a decline in use now if you look closely use is I'm not an etymologist But certainly the decline in use Lower level of use make something more unusual. Scalia concludes his concurrence with the sentence By irrigating to himself the power to overturn that decision Justice Breyer does not just reject the death penalty. He also mentions that the Constitution's writers decided to leave up the question of what punishment to give someone up to juries Now this is an argument that he and Thomas Have been making for decades at this point essentially saying that you know The liberals are trying to sort of take away the power From the states to punish people as they

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