McKenzie v. McCormick

Background

A person sentenced to death sought Supreme Court review after proceedings in the Ninth Circuit. The Court declined that request; the order stated "Certiorari denied." Justice Kennedy did not take part in considering or deciding the petition.

Reasoning

The central question was whether the Justices should take up the challenge to the death sentence and consider claims about the constitutionality of capital punishment. The Court’s brief action refused review and therefore did not reach the merits or decide whether the sentence was lawful. Two Justices—Brennan and Marshall—dissented from the denial and said they would have granted review and vacated the sentence, stating they view the death penalty as cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments and citing earlier opinions including Gregg v. Georgia and McKenzie v. Montana.

Real world impact

Because the Court declined to hear the case, the lower-court outcome and the individual’s death sentence remain in place for now. The Supreme Court’s brief denial leaves unresolved the broader constitutional question about whether the death penalty is always unconstitutional. This order is not a final decision on the legality of capital punishment and could be revisited in future proceedings or another review.

Dissents or concurrances

Justices Brennan and Marshall both said they would have granted review and vacated the death sentence; Marshall added he would do so even under narrower views, citing his earlier McKenzie dissent.