The Justices spar over the constitutionality of the death penalty

[BmorePat87]

I found the opinions for Glossip v Gross (which found, 5-4, that a certain lethal injection did not violate the 8th amendment) to be quite interesting.

In it, Breyer argues in his dissent that the death penalty may very well be unconstitutional. He calls on the Court to decide whether or not it violates the 8th amendment, calling the current use of capital punishment unreliable and arbitrary. He says that the states have failed in the 40 years since the Court entrusted them with the job of making sure the application of the death penalty protected against any constitutional problems.

Thomas and Scalia each have their own concurring opinions that are aimed at attacking Breyer's claims. Scalia's focuses on the fact that there are references to capital punishment in the Constitution making it absurd to suggest that it could be unconstitutional. He also disagrees with the claim that it is arbitrarily applied and does not act as a deterrent. He suggests that the issue isn't capital punishment itself but the delays and problems associated it that are the fault of the state.

http://www.supremecourt.gov/opinions/14pdf/14-7955_aplc.pdf

Have a read. They're far more brutal to each other than we are in our threads.