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The decision has been made

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Whether you agree with the application of the death penalty at all, examination of the basis for their decision reveals a dubious kind of logic.

The justices in favor of the ban cited a “national consensus” against executing convicted rapists. That’s interesting, because our understanding of the position those justices hold does not involve interpreting a “national consensus” in terms of Constitutional law.

There are other factors beyond that, not the least of which is the incredible brutality of the crime that sparked this debate.

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