According to Professors Steiker and Steiker, the inherent danger in constitutional litigation is the insulation and entrenchment of capital punishment if the constitutional challenges are brought and rejected, especially by the U.S. Supreme Court.

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Professors Steiker and Steiker argue that unsuccessful constitutional challenges to capital punishment can actually entrench and preserve it as a legal practice, creating a danger to its abolition.

According to Professors Steiker and Steiker, the Inherent Danger in Constitutional