Kansas v. Marsh, No. 04-1170 (U.S. Supreme Court) (548 U.S. 163; 126 S.Ct. 2516) (June 26, 2006) (Justice Thomas)
This death penalty case exemplifies the huge philosophical divide on the Supreme Court over capital punishment. Here, a 5-to-4 majority (consisting of Justices Thomas, Roberts, Scalia, Kennedy and Alito) held that Kansas' capital sentencing statute, which requires the imposition of the death penalty when the sentencing jury determines that aggravating ...
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