In a dissenting opinion he wrote Monday, Supreme Court Justice Stephen Breyer said the “time has come for this Court to reconsider the constitutionality of the death penalty.” The Supreme Court refused to hear the case of a man who was sentenced to death 40 years ago in Florida. Breyer said that amounted to cruel and unusual punishment.When Henry Sireci “was first sentenced to death, the Berlin Wall stood firmly in place. Saigon had just fallen. Few Americans knew of the personal computer or the Internet,” Breyer wrote. …