Supreme Court of the United States

In Re Stanford — Stevens, J., dissenting

October 21, 2002537 U.S. 968

Summary

Justice Stevens, joined by Justices Souter, Ginsburg, and Breyer, dissents from the Court’s refusal to set the petition for an original writ of habeas corpus. He argues that executing offenders who were under 18 at the time of their crime violates the Eighth Amendment’s prohibition on cruel and unusual punishment, especially in light of Atkins v. Virginia and evolving standards of decency. Stevens would have set the application for argument and would have held that juvenile executions are unconstitutional.