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The supreme Court ruled that due to the wording, the punishment must be both cruel and unusual. This is for sure cruel, but it's not weird enough
Literally nothing is unusual if u do it enough times.
That was my argument but after three attempts she told me we had to turn off The Muppets Take Manhattan.
And the way they determine "unusual" is by doing this absolutely ahistoric, arbitrary polling of current policy. They cherry pick whatever statistics serve the politics of the person writing the decision.
e.g., when ruling whether it was "unusual" to execute people with cogitative disabilities (Atkins v. Virginia), they did a tally of how many states allowed execution in these cases vs did not but deliberately omitted how many states do not allow ANY executions. Then concluded that slightly more states allow executions of the mentally unfit than don't even though it was absolutely incontestable fact that the vast majority of states did not allow this kind of execution.
Ignore that the ruling technically banned those executions... because it factually didn't, since it left it up to states to define cognitive disability however they pleased and the behavior of the kill-happy states was not affected by the ruling.