Praised be Justice Stephen Breyer, apparently the United States Supreme Court’s strongest skeptic on the death penalty’s Constitutionality, who emphasized on April 24, 2017:

“What legitimate purpose does it serve to hold any human being in solitary confinement for 40 years awaiting execution? What does this case tell us about a capital punishment system that, in my view, works in random, virtually arbitrary ways?”

“I have previously explored these matters more systematically, coming to the conclusion that this Court should hear argument as to whether capital punishment as currently practiced is consistent with the Constitution’s prohibition of “cruel and unusual punishment.”

Smith v. Ryan, 581 U.S. ___, No. 16–8071 (April 24, 2017) (Statement of Breyer, J., respecting certiorari denial).

More on Smith v. Ryan is here and here.

More on Justice Breyer’s skepticism about the death penalty is here at Sentencing Law and Policy.