U.S. SUPREME COURT CASES CITED

Atkins v. Virginia, 536 U.S. 304 (2002). 6–3 majority rules that execution of intellectually disabled violates the Eighth Amendment.

Baze v. Rees, 553 U.S. 35 (2008). Kentucky’s lethal injection combination upheld by 7–2 majority. Ginsburg joined by Souter dissented; separate concurring opinions by Stevens, and Scalia and Thomas, debate broader constitutional concerns.

Beard v. Banks, 548 U.S. 521 (2006). 6–2 decision denying Pennsylvania prisoner’s access to reading and media materials.

Boyce v. Anderson, 27 U.S. 150 (1829). Slaves being transported by ship found not to constitute cargo but rather intelligent beings.

Callins v. Collins, 510 U.S. 1141 (1994). Denial of petition by death row inmate provides context for Blackmun’s famous rejection of death penalty.

Coker v. Georgia, 433 U.S. 584 (1977). 7–2 majority rules death penalty a “grossly disproportionate” punishment for the crime of rape.

Enmund v. Florida, 458 U.S. 782 (1982). Death penalty held to be unconstitutional for someone who aids and abets a murder but neither kills nor intends to kill.

Furman v. Georgia, 408 U.S. 238 (1972). Landmark 5–4 decision striking down all capital convictions until states were able to remedy arbitrary and discriminatory application of death penalty.

Glossip v. Gross, 576 U.S. (2015). Oklahoma’s use of midazolam as initial drug in protocol upheld by 5–4 majority. Notable dissents by Breyer joined by Ginsburg, and Sotomayor joined by Breyer, Ginsburg, and Kagan.

Gregg v. Georgia, 428 U.S. 153 (1976). 7–2 majority reinstates death penalty following adjustment of procedures to satisfy objections raised in Furman.

In re Kemmler, 136 U.S. 436 (1890). New York State electric chair found to satisfy Eighth Amendment.

Kennedy v. Louisiana, 554 U.S. 407 (2008). 5–4 majority extends Coker ruling, prohibiting death penalty for rape of a child.

Lockett v. Ohio, 438 U.S. 586 (1978). Ruling that mitigating circumstances may not be excluded from consideration in capital cases.

Louisiana ex rel. Francis v. Resweber, 329 U.S. 459 (1947). Second attempt at electrocution after failure of first found not to contravene Eighth Amendment. Four justices join in notable dissent.

McCollum v. North Carolina, 512 U.S. 1252 (1994). Denial of petition by intellectually disabled man whose crime provides textbook justification of death penalty for Thomas and Scalia. DNA evidence later proves his innocence.

McGautha v. California, 402 U.S. 183 (1971). Bellwether pre-Furman case raising doubts concerning unequal application of death penalty.

Stanford v. Kentucky, 492 U.S. 361 (1989). 5–4 decision upholding capital sentence for crime committed by sixteen-year-old (decided one year after Thompson).

Roper v. Simmons, 543 U.S. 551 (2005). 5–4 decision overturning Stanford and prohibiting death penalty for juveniles under eighteen.

Thompson v. Oklahoma, 487 U.S. 815 (1988). Execution of a juvenile under the age of sixteen ruled unconstitutional.

Trop v. Dulles, 356 U.S. 86 (1958). Stripping soldier of citizenship for desertion considered cruel and unusual punishment.

Weems v. United States, 217 U.S. 349 (1910). Punishment imposed for defrauding the government found to be cruel and unusual.

Wilkerson v. Utah, 99 U.S. 130 (1879). Utah’s firing squad law deemed constitutional.

Woodson v. North Carolina, 428 U.S. 280 (1976). North Carolina’s mandatory death penalty law deemed unconstitutional (in contrast to decision in Gregg).