It is in this context that we must consider whether the execution of these petitioners would violate the Eighth Amendment.” White practices the power of Judicial Review to dissect the case and concur with the majority. He states that there will be conflicts between the court and legislative and admits that this is one of those times; the court cannot deem the punishment given by the States valid and therefore, in all three cases, the sentence is unconstitutional. White, however, did not imply, like other fellow justices that the death penalty should always be considered
It is in this context that we must consider whether the execution of these petitioners would violate the Eighth Amendment.” White practices the power of Judicial Review to dissect the case and concur with the majority. He states that there will be conflicts between the court and legislative and admits that this is one of those times; the court cannot deem the punishment given by the States valid and therefore, in all three cases, the sentence is unconstitutional. White, however, did not imply, like other fellow justices that the death penalty should always be considered