Grossman v. Florida

Background

Several cases from state courts and one federal appeals court reached the Justices seeking review of death sentences imposed in different states. The Court’s formal action in the opinion text is to deny review of these cases, leaving the lower-court results and the defendants’ death sentences in place for now.

Reasoning

The Court’s action was a denial of review rather than a full decision on the constitutional merits. Two Justices, Brennan and Marshall, filed a written dissent explaining their long-held view that the death penalty is in all circumstances cruel and unusual punishment under the Eighth and Fourteenth Amendments and that they would have granted review and vacated the death sentences. They cited Gregg v. Georgia (1976) in stating their position against capital punishment.

Real world impact

Because the Court denied review, the state and lower-court rulings imposing death sentences remain effective for the defendants named in these cases while their other appeals or procedures continue. The denial does not resolve the larger constitutional debate about the death penalty nationally, and it leaves in place the status quo rather than creating a new rule.

Dissents or concurrances

The dissent by Justices Brennan and Marshall is significant for public understanding: they argue for a categorical ban on the death penalty and would have used these cases to overturn those sentences. Their view highlights an ongoing split among Justices over capital punishment.