Connecticut Commentary: Red Notes from a Blue State

The old saw has it that “exceptions prove the rule.” They prove the rule precisely because they are exceptions. In Connecticut’s politicized Supreme Court, exceptions have BECOME the rule. That is what happened when Justice Richard Palmer constructed his decision on the Constitutionality of Connecticut’s death penalty on a dissent in Glossip v. Gross , a case in which a challenge to the death penalty on Constitutional grounds had been denied by the U.S. Supreme Court, which upheld Oklahoma’s lethal injection protocol. The decision was a narrow one, but Justices Stephen G. Breyer and Ruth Bader Ginsburg managed in their dissent to import larger issues.