Roper v. Simmons — Scalia, J., dissenting

Summary

Justice Scalia, dissenting, argues the Court wrongly establishes a categorical rule barring execution of offenders under 18, citing an implausible national consensus and subjective moral judgment. He criticizes reliance on foreign law and overruling prior precedent Stanford v. Kentucky. Justice O’Connor also dissents, disagreeing with the Court's proportionality analysis and reliance on evolving standards. Justice Stevens concurs, reaffirming the Eighth Amendment’s evolving character.