Pro to the question "Should the Death Penalty Be Allowed?"
"While my views on the morality of the death penalty have nothing to do with how I vote as a judge, they have a lot to do with whether I can or should be a judge at all. To put the point in the blunt terms employed by Justice Harold Blackmun towards the end of his career on the bench, when I sit on a Court that reviews and affirms capital convictions, I am part of 'the machinery of death.' My vote, when joined with at least four others, is, in most cases, the last step that permits an execution to proceed. I could not take part in that process if I believed what was being done to be immoral...
In my view the choice for the judge who believes the death penalty to be immoral is resignation, rather than simply ignoring duly enacted, constitutional laws and sabotaging death penalty cases. He has, after all, taken an oath to apply the laws and has been given no power to supplant them with rules of his own. Of course if he feels strongly enough he can go beyond mere resignation and lead a political campaign to abolish the death penalty-and if that fails, lead a revolution. But rewrite the laws he cannot do."
Experts Individuals with MDs, JDs, PhDs, other relevant advanced degrees, corrections and government officials with significant involvement in, or related to, death penalty issues. [Note: Experts definition varies by site.]
Involvement and Affiliations:
Former Associate Justice of the US Supreme Court, 1986–2016
Judge, US Court of Appeals for the District of Columbia Circuit, 1982–1986
Chairman, Conference of Section Chairmen, American Bar Association, 1982–1983
Chairman, Section of Administrative Law, American Bar Association, 1981–1982
Professor of Law, University of Chicago and Visiting Professor of Law at Georgetown University and Stanford University, 1977–1982
Assistant Attorney General, Office of Legal Counsel, 1974–1977
Chairman, Administrative Conference of the United States, 1972–1974
General Counsel, Office of Telecommunications Policy, 1971–1972
Professor of Law, University of Virginia, 1967–1971
Private practice, Cleveland, Ohio, 1961–1967
Sheldon Fellow, Harvard University
LLB, Harvard Law School
BA, Georgetown University and the University of Fribourg, Switzerland