Roper v. Simmons — O'Connor, J., dissenting

Summary

Justice O'Connor dissents from the Court's categorical rule prohibiting the execution of offenders for crimes committed before age 18. She argues that objective evidence of national consensus is inconclusive and that proportionality analysis does not justify a blanket ban. She would require clearer evidence that society has repudiated the practice before banning it. Justice Scalia and Justice Stevens wrote separate opinions dissenting and concurring, respectively.