It could still run up against tue 8th Amendment, more specifically the prohibition against cruel and unusual punishment.
Edit to add: being convicted of a capital crime does not guarantee a death sentence. Anything less than death still bumps into a Constitutional issue.
Coming and going, there’s a likely Constituional challenge. An amendment would almost be easier.
Ah, but the Supreme Court has repeatedly found that execution is not in and of itself cruel and unusual punishment, as long as you follow procedures and don’t apply it arbitrarily.
“ In Gregg v. Georgia, 428 U.S. 153 (1976), the Court refused to expand Furman. The Court held the death penalty was not per se unconstitutional as it could serve the social purposes of retribution and deterrence.” (From https://www.law.cornell.edu/wex/death_penalty#:~:text=The Supreme Court has ruled,it must be carried out.)
In this case, deterring justices from staying on the bench forever. :-)
If, however, the passage of this law made SCOTUS decide the throw precedent to the wind (and this is the court to do it) and decide that the death penalty WAS in fact unconstitutional, I’d still take it as a win
I’m not saying a death penalty of any kind is cruel or unusual. I’m saying it would be for this.
Most notably:
"To measure proportionality, the court must look at several factors. These factors include:
- The severity of the offense
- The harshness of the penalty
- The sentences imposed on others within the same jurisdiction
- The sentences imposed on others in different jurisdictions."
I think you think I’m saying one thing, when I’m communicating something less superficial. I’m not saying there cannot be a death penalty.
I’m saying if you want that for SCOTUS, it needs to meet the above criteria.
death penalty isn’t cruel or unusual. scotus said so themselves. they even said a punishment could be cruel as long as it isn’t unusual.
