The Kavanaugh Barrett Enigma in Death Penalty Cases The Supreme Court's dismissal of Hamm v.
Smith, a capital punishment case that had the potential to upend decades of constitutional protections against cruel and unusual punishments, has left many perplexed.
The 5–4 vote, with Justices Brett Kavanaugh and Amy Coney Barrett joining their liberal colleagues in dismissing the case as improvidently granted, is particularly puzzling given the conservative supermajority's generally supportive stance on capital punishment.