Analysis: If you’re looking for the most despairing words ever set down by the late Justice John Paul Stevens, you’re likely to turn to the closing words of his dissent in Bush v. Gore
Jeff Greenfield is a five-time Emmy-winning network television analyst and author.
who was unafraid to change his mind, a trait often in short supply among the leadership class. But it is just as accurate to remember him as a deep pessimist about what has happened to the Court as an instrument for expanding justice, a man who believed that the radical shift in the Court’s direction required radical remedies.was Stevens’ clearest expression of this sentiment.
A fourth would end the death penalty once and for all by defining it as a “cruel and unusual punishment” forbidden by the Eighth Amendment. As for the death penalty, Stevens—who regularly upheld the sanction in his first years on the Court—became steadily more skeptical, until in 2008 he said that "the pointless and needless extinction of life with only marginal contributions to any discernible social or public purposes” should be banned as a violation of the Eighth Amendment.
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