Can Congress Overturn Graham v. Florida?

9 Pages Posted: 27 Jun 2010 Last revised: 27 Sep 2011

See all articles by Richard M. Re

Richard M. Re

University of California, Los Angeles (UCLA) - School of Law

Date Written: June 25, 2010


Shortly after my recent Article, "Can Congress Overturn Kennedy v. Louisiana?", went to press, the Supreme Court released its decision in Graham v. Florida. This Coda accordingly updates the Article in two ways: first, by evaluating Graham’s novel “national consensus” analysis; and, second, by arguing that both Kennedy v. Louisiana and Graham should be understood as contingent decisions potentially reversible through federal legislation. This Coda thus renews the Article’s argument that Kennedy and related cases both do and should leave room for inter-branch dialogue regarding the Eighth Amendment’s contemporary practical meaning.

Keywords: Eighth Amendment, Kennedy v. Louisiana, Graham v. Florida, sentencing, capital punishment

Suggested Citation

Re, Richard M., Can Congress Overturn Graham v. Florida? (June 25, 2010). Harvard Journal of Law and Public Policy, Vol. 33, No. 4, 2010. Available at SSRN:

Richard M. Re (Contact Author)

University of California, Los Angeles (UCLA) - School of Law ( email )

385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States

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