• APassenger@lemmy.world
    link
    fedilink
    arrow-up
    0
    ·
    1 year ago

    That would be unconstitutional and ruled that way, too. The law cannot take away a thing guaranteed by the Constitution (the lifetime appointment).

    There would need to be an impeachment or amendment. Or court-packing.

    • mriguy@lemmy.world
      link
      fedilink
      arrow-up
      1
      ·
      edit-2
      1 year ago

      It would be evil and unethical, yes, but not unconstitutional. They would still be justices right up until their execution, so it’s still a lifetime appointment.

      • APassenger@lemmy.world
        link
        fedilink
        arrow-up
        0
        ·
        edit-2
        1 year ago

        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.

        • Alien Nathan Edward@lemm.ee
          link
          fedilink
          arrow-up
          1
          ·
          1 year ago

          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.