Kagan: Death Penalty Is Settled Law
Supreme Court nominee Elena Kagan told Majority Whip Dick Durbin (D-Ill.) this afternoon that she believes the death penalty is now settled law and that she has “no moral qualms” about advocating for it as solicitor general.
“I do believe the constitutionality of the death penalty is settled precedent going forward,” she said.
She used the issue to again draw distinctions between her philosophy and the philosophy of former Justice Thurgood Marshall, for whom she clerked during the Court’s 1987-1988 term. Marshall was an opponent of the death penalty and was one of the five justices to concur in Furman v. Georgia that Georgia’s uneven application of the death penalty constituted cruel and unusual punishment.