Tsarnaev v United States decided (Tsarnaev's death penalty reinstated)

Opinion of the Court in UNITED STATES v. TSARNAEV.

THOMAS, J., delivered the opinion of the Court, in which ROBERTS, C. J., and ALITO, GORSUCH, KAVANAUGH, and BARRETT, JJ., joined. BARRETT, J., filed a concurring opinion, in which GORSUCH, J., joined. BREYER, J., filed a dissenting opinion, in which KAGAN, J., joined, and in which SOTOMAYOR, J., joined except as to Part II–C.

Unlike yesterday, we have a solid 6 vote unfractured majority opinion. :smile:

Tsarnaev is officially back on death row.

This was about as unsurprising as the fact the sun rose this morning. :smile:

They should’ve ran him over too. lol

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If I were biden I’d commute his sentence to life in supermax.

Much more harsh sentence.


Still pretty early in the process.

Today’s decision marks the end of the direct appeals process in this case.

But we have not even started collateral and habeas proceedings.

We are still many years from a potential execution date.

I will take a moment to say something nice about Biden.

He did not give into demands to not pursue the government’s appeal in this case. His Solicitor General did his duty and properly appealed this case, even though the administration disfavors the death penalty.

Unfortunately, there have been too many cases of officials, particularly State Attorney Generals, failing to properly and vigorously defend the laws of their State, simply because they personally oppose those laws. And sadly, both sides are guilty of this.

I will credit Biden for doing the right thing in this case, even though it led to a result that Biden disfavors.