Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—October 4

2021—Carl Wayne Buntion gunned down a Houston police officer in 1990 and was convicted of capital murder and sentenced to death in 1991. Commenting on (but not dissenting from) the denial of certiorari in Buntion v. Lumpkin, Justice Breyer observes that Buntion “has now been on death row under threat of execution for 30 years” and reiterates his peculiar position that “excessive delay” in administering the death penalty is “especially cruel” and that “execution after such an extended delay” raises serious Eighth Amendment concerns.

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