Supreme Court of the United States
Graham v. Florida — Thomas, J., dissenting
May 17, 2010560 U.S. 48
Summary
Justice Thomas dissents, arguing the majority's categorical ban on life-without-parole for juvenile nonhomicide offenders conflicts with the original meaning of the Eighth Amendment and overlooks legislative consensus. He contends the Court usurps legislative judgment by declaring sentencing practices disproportionate without national consensus. Justice Alito joins Parts I and III, while Justice Roberts and Stevens concur in the judgment for differing reasons.