The Lethal Gaps in How the Supreme Court Handles the Death Penalty
By Adam Liptak
“Sidebar,” The New York Times
Dec. 12, 2016
The leading student of the courtesy fifth is Eric M. Freedman, a law professor at Hofstra University. The title of his 2015 law review article on the subject makes his views plain: “No Execution if Four Justices Object.”
On Thursday night, as it became clear that Mr. Smith was going to die, Professor Freedman made a more modest point. The justices, he said, should at the least explain their reasoning and standards.
A version of this article appears in print on December 13, 2016, on Page A13 of the New York edition with the headline: A Fitful Commitment to Halting Executions.
Read the full article at nytimes.com.