Supreme Court of the United States

Delling v. Idaho — Breyer, J., dissenting

November 26, 2012568 U.S. 1038

Summary

Justice Breyer, dissenting with Justices Ginsburg and Sotomayor, argues the Court should grant certiorari to consider whether Idaho’s modification of the insanity defense, which limits it to negating intent rather than allowing a defense for those unable to appreciate wrongfulness, violates the Fourteenth Amendment’s Due Process Clause.