March 3, 2026

Blue State Fantasies and the Death Penalty

Key Points

The article argues that expecting Justice Kennedy to lead abolition of the death penalty was unrealistic, considering the Eighth Amendment framework.
It highlights that Justice Kennedy's retirement shifts the Supreme Court's decision-making median to Chief Justice John Roberts.
The article suggests this shift affects the future trajectory of death penalty issues in the Supreme Court.
Implications of Kavanaugh's appointment may solidify existing death penalty practices, potentially hindering reform.

Abstract

The article challenges the notion that Justice Anthony Kennedy might have led the Supreme Court toward abolishing the death penalty, arguing that such hopes were unrealistic. It posits that the existing Eighth Amendment framework, even under Justice Kennedy, was unlikely to lead to abolition. The retirement of Justice Kennedy and his replacement by Justice Brett Kavanaugh shifts the Court's median vote to Chief Justice John Roberts, altering the Court's trajectory on death penalty issues.

Blue State Fantasies and the Death Penalty

Key Points

Abstract

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