Justices divide sharply on reinstating Boston Marathon bomber death sentence

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Justices divide sharply on reinstating Boston Marathon bomber death sentence
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Supreme Court justices divide sharply on reinstating Boston Marathon bomber death sentence.

For nearly an hour -- almost double the time allotted by the court -- Deputy Solicitor General Eric Feigin parried with the nine justices, who were all highly engaged with the government's argument that Tsarnaev had received a fair sentencing at the outset.

The court's three liberal justices appeared sympathetic to the claim that Tsarnaev's bid to avoid execution was hamstrung. "It's the job of the jury, isn't it, to decide on the reliability of the evidence, to decide whether it's strong evidence or weak evidence that Tamerlan, in fact, played a leading role in those other gruesome murders?" Kagan asked Feigin.

Midway through the government's argument for reinstating Tsarnaev's execution, Justice Amy Coney Barrett called attention to one of the overarching contradictions in the case: the government is arguing for a death sentence while it has stopped carrying them out.

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