Since 1976, the U.S. Supreme Court has preferred to limit its review of death penalty cases to mainly questions of procedure. The high court has preferred to nibble around the edges when it comes to the death penalty—as in cases involving rape, juveniles, intellectual disabilities and lethal injection.

This month, for example, the court heard arguments in Foster v. Chatman, which questions if race was used to discriminate against potential jurors in a Georgia death penalty case.

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