“[L]ikely to be” says you’re currently talking out your anus.
Not really, I just worded it poorly. Cert petitions are not unbiased.
Anyway, again, it’s the legal question that is interesting. You can have the most horrible set of facts imaginable, but it’s ultimately the Constitution that matters. For example, if the Constitution did not contain the 8th amendment, then there’d be nothing constitutionally wrong with the convicted being torn limb from limb. That’s the originalist point of view. Saying that something is constitutional is not the same as saying it’s moral or the right decision.
Out of curiosity, are you a libertarian?