“You can't have both, in my opinion: a system that is basically fair, a system that works honestly, a system that tries to treat people equally—and also have a death penalty, as I've seen it over 20 years' retired Justice Breyer told MarshallProj MsReads
I was careful, because I was asked by the Senate Judiciary Committee. “What do you think of the death penalty?” I said, “I am not going there to have it overruled.” They decided cases, and I will follow the case law that they decided. I’d better stick to that because I said it.
You took Justice Blackmun's seat on the court and on his way out, essentially, he basically did the same thing.. He didn't want to participate. I didn't want to do the same thing because it's just one more person in 331 million people, you have one more against the death penalty. I wasn’t going to do it. What is it I can do? What I can do is, I can explain. And that's what I tried to do.
So we have a system. The first part of it is that there are staff members in the court who follow what's going on with the death cases. So they are in touch with the lawyers, and they know when the execution is taking place, and they know pretty well what the argument is…. Each of us is responsible for one, sometimes two circuits. Now, I was responsible for the First Circuit and then before that the 10th. Very rarely was there a death case in the First Circuit. Virtually never. Almost never.
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