From Howard Bashman‘s very informative 20 Questions for the Appellate Judge interview with Ninth Circuit judge Stephen Reinhardt: “If the Constitution does not tolerate inequalities in the standards used to recount ballots in a presidential election, it certainly should not tolerate disparities in the administration of the capital system that are far more troubling and consequential. It was a recognition of these truths that led Justice Blackmun to shun forever ‘tinker[ing] with the machinery of death.'”
(Congratulations to Howard, by the way, for his transition to a new appellate practice. As a former appellate practitioner at the top California appellate boutique, I can attest to the great benefits of having a practice devoted to this area.)