We cannot face up to these facts and still hold that the guarantee of morally justifiable sentencing is hollow enough to allow maximizing death sentences, by requiring them when juries fail to find the worst degree of culpability.My skin starts to crawl when a politician justifies their policies based on morality, that holds doubly true for judges. Government has no business deciding what is moral and what is not.
Whose morality should hold sway? Christian morality? Jewish Morality? Anarchist morality? Justice Souter, stick with the law and leave morality to the priests.