The Marsh case

Dan Filler (of Concurring Opinions) has some thoughts about the Supreme Court's recent death-penalty decision, Kansas v. Marsh.  Here is more, from Scotusblog.  The specific question presented -- to which Justice Thomas's majority opinion confined itself -- had to do with the provision of Kansas law dealing with the balancing of aggravating and mitigating factors in capital-sentencing proceedings.  However, the case became the occasion for a pointed, and interesting, exchange between Justices Souter and Scalia about the death penalty more generally, about the implications of DNA-based exonerations for the death penalty's legality and morality, about the relevance of other countries' practices and norms, and about role of judges.  Check it out.