The Difference Alito Makes

by Jonathan H. Adler

Among today’s decisions is Kansas v. Marsh , in which the Court rejected an Eighth Amendment challenge to Kansas’ death penalty, 5-4.  The case was reargued after Justice O’Connor’s retirement, so it is reasonable to conclude that Justice Alito provided the deciding vote.  Orin Kerr has more on the opinions, and the broader debate over capital punishment on the Court in the case here .