WSJ: At the Supreme Court, No Consensus on the Death Penalty

That is how George Brauchler, the district attorney in Arapahoe County, Colo., read Justice Breyer’s statement. “The death penalty may only be as healthy as the next Supreme Court justice who decides to leave the bench,” he said. It “could go away on a 5-4 vote,” said Mr. Brauchler, who sought the death penalty for the 2012 Aurora, Colo., movie-theater mass shooter, James Holmes ; a single juror held out, however, and Mr. Holmes instead received 12 life sentences.