Supreme Court of the United States
Ewing v. California — Breyer, J., dissenting
March 5, 2003538 U.S. 11
Summary
Justice Breyer, joined by Justice Stevens, Justice Souter, and Justice Ginsburg, dissents. He argues that Ewing’s 25-years-to-life sentence for stealing three golf clubs violates the Eighth Amendment’s prohibition on cruel and unusual punishment because it is grossly disproportionate to the crime. He contrasts Ewing’s sentence with sentences for similar and more serious crimes in California and other jurisdictions. Separate concurrences by Justices Kennedy, Scalia, and Thomas argue that legislative policy choices regarding three strikes laws do not violate the Eighth Amendment.