U.S. justices unlikely to address death penalty's constitutionality

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When the last U.S. Supreme Court term ended in June with an unusual showdown over a decision approving Oklahoma's lethal injection process, some court watchers saw it as a sign the court might soon take up the bigger question of the constitutionality of the death penalty itself. In the June case, which upheld Oklahoma's procedures by a 5-to-4 margin, liberal justices Stephen Breyer and Ruth Bader Ginsburg joined in a dissenting opinion that called for a full reexamination of capital punishment.

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