Twenty-five years have passed since two justices who were unalterably opposed to the death penalty sat on the U.S. Supreme Court together. On Monday, Justices Stephen Breyer and Ruth Bader Ginsburg indicated they were ready to step into the shoes of the late William Brennan Jr. and Thurgood Marshall in a controversy over a lethal-injection drug.
From their dissent in Glossip v. Gross, it was not clear whether the two justices would dissent in every death penalty case on the ground that the punishment violated the Eighth Amendment’s ban on cruel and unusual punishments. Brennan and Marshall both followed that practice.
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