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.