ROPER v. SIMMONS

No. 03-633.

543 U.S. 551 (2005)

ROPER, SUPERINTENDENT, POTOSI CORRECTIONAL CENTER v. SIMMONS

Supreme Court of United States.

Decided March 1, 2005.


Attorney(s) appearing for the Case

James R. Layton, State Solicitor of Missouri, argued the cause for petitioner. With him on the briefs were Jeremiah W. (Jay) Nixon, Attorney General, and Stephen D. Hawke and Evan J. Buchheim, Assistant Attorneys General.

Seth P. Waxman argued the cause for respondent. With him on the brief were David W. Ogden and Jennifer Herndon, by appointment of the Court, 541 U.S. 1040.*

KENNEDY, J., delivered the opinion of the Court, in which STEVENS, SOUTER, GINSBURG, and BREYER, JJ., joined. STEVENS, J., filed a concurring opinion, in which GINSBURG, J., joined, p. 587. O'CONNOR, J., filed a dissenting opinion, p. 587. SCALIA, J., filed a dissenting opinion, in which REHNQUIST, C. J., and THOMAS, J., joined, p. 607.


JUSTICE KENNEDY delivered the opinion of the Court.

This case requires us to address, for the second time in a decade and a half, whether it is permissible under the Eighth and Fourteenth Amendments to the Constitution of the United States to execute a juvenile offender who was older than 15 but younger than 18 when he committed a capital crime. In Stanford v. Kentucky...

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