Constitution Daily Supreme Court correspondent Lyle Denniston reports on Tuesday’s arguments about a death penalty case involving an intellectually disabled defendant in Texas.
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On Monday, the Supreme Court turned aside a plea to require jurors to satisfy the toughest legal test before they may vote to impose the death penalty, rejecting a new attempt by lawyers to further define an important Sixth Amendment ruling.
Earlier this week, the Supreme Court added three cases to its docket for the Court’s next term. Two of the newly granted cases take on issues surrounding the death penalty, while the other case involves state legislature redistricting.
Lyle Denniston, the National Constitution Center’s constitutional literacy adviser, says a death penalty case accepted by the Supreme Court offers a puzzle: Just when is it appropriate to turn a constitutional question into a cultural issue to be mediated by private institutions?
On Monday, the Supreme Court ruled in Montgomery v. Louisiana, one of two cases heard in October that involve the Eighth Amendment.