In a lethal-injection dissent last term, Justice Stephen Breyer’s call for reconsideration of the death penalty’s constitutionality captured headlines and re-fired the debate, but he sowed the seeds of that June dissent more than a decade ago in a case at the heart of Tuesday’s arguments in a challenge to Florida’s capital-punishment system.

In the Florida case—Hurst v. Florida—Timothy Hurst’s counsel, former Solicitor General Seth Waxman of Wilmer Cutler Pickering Hale and Dorr, told the justices that Florida’s death-sentencing scheme violates the Constitution in light of their 2002 decision in Ring v. Arizona.

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