A bright line for no execution where no death results is sensible to me. Rape is terrible but usually life is not ended. This result does not trouble me.
In assessing the Eighth Amendment, the justices are trying to act as social weather vanes. It is a troubling manner to adjudicate matters, but as a pragmatist the result seems fair.
No life to be taken where no life was taken.
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Ἓν οἶδα ὅτι οὐδὲν οἶδα
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