In what circumstances will the US Supreme Court strike down the death penalty as unconstitutional?

MultiRegion, United States of America

The following excerpt is from Harper v. U.S., 945 F.2d 409 (9th Cir. 1991):

2 In United States v. Harper, 729 F.2d 1216, 1226 (9th Cir.1984), this court held that the death penalty provision of 18 U.S.C. 794 is unconstitutional.

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