You never know what to expect from the Justices. Kavanaugh has never dealt with capital cases before.
A lot of people don't know this but the two so called "arch conservatives", Scalia and Thomas were the downfall of Arizona and Florida's capital statutes ruling with the prisoner in Apprendi v New Jersey in 2000. Breyer actually voted with the state. Apprendi wasn't a death penalty case but SCOTUS extended it to capital cases with Ring.
Bookmarks