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Capital litigation attorney Elizabeth Franklin-Best writes that the U.S. Supreme Court’s most recently published death penalty decision, Glossip v. Gross, has become more notable for Justice Breyer’s dissent than for its “reticent journey into the murky wilds of legal injection jurisprudence.” Breyer calls for full reconsideration of the constitutionality of the death penalty as a punishment and offers a road map for challenges going forward. Franklin-Best also discusses other death penalty cases from the 2014-2015 Term as well as the death penalty cases to be argued in the 2015-2016 Term.
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