in which the same five conservatives rejected a challenge to a similar method of execution, writing that “this Court has yet to hold that a State’s method of execution qualifies as cruel and unusual.” In other words, the court’s conservatives have yet to meet an execution method they think is problematic.
The four liberals dissented. Justices Stephen Breyer, writing for himself and Justice Ruth Bader Ginsburg, wrote separately that they believed it was time for the Supreme Court to reconsider whether thewas constitutional at all. Justice Sonia Sotomayor, writing for herself and Justices Ginsburg and Elena Kagan, tore into the court’s conservatives for acting “hastily” with their “rush to dispose of this litigation.
The court’s action this morning is another exhibit in how different the court is now that Bret Kavanaugh has replaced Anthony Kennedy. Though the court has continued to rule