The court ... claims halfheartedly that a national consensus has emerged since our decision in Stanford, because 18 states - or 47 percent of states that permit capital punishment - now have legislation prohibiting the execution of offenders under 18, and because all of four states have adopted such legislation since Stanford. Words have no meaning if the views of less than 50 percent of death penalty states can constitute a national consensus.
This is a shameful day in the history of the republic. It is not the first shameful day, and it will not be the last until and unless the Supreme Court has a majority that respects federalism and the republican form of government guaranteed to all citizens by the Constitution.