Supreme Court of the United States

Ewing v. California — Scalia, J., concurring

March 5, 2003538 U.S. 11

Summary

Justice Scalia concurred in the judgment, agreeing that the sentence did not violate the Eighth Amendment. He argued the Amendment prohibits only certain modes of punishment rather than disproportionate sentences, and that Solem v. Helm’s proportionality principle is unworkable. Separate dissenting opinions by Justices Breyer and Stevens would strike the sentence down as grossly disproportionate.