• mriguy@lemmy.world
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    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
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      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
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        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.