The second category, which arguably reflects the understanding that prevailed in America before the drafting of the Eighth Amendment ... decapitation, and drawing and quartering.

The Eighth Amendment which effectively banned abortion in the Republic of Ireland has been formally repealed. Irish President Michael D Higgins signed the abortion referendum bill into law on Tuesday.

Scalia’s Atkins dissent, moreover, doesn’t simply disagree with the Court’s past decisions. It lays out many examples of how the law would change — and how much easier it would be to subject even ...