The Supreme Court has held that even where a potential juror offers no objection to the death penalty and states clearly that he or she will follow the applicable law, it is not contrary to clearly established federal law to exclude the juror for cause under the Witherspoon-Witt "substantially impaired" standard.

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This is based on the Supreme Court's holding in Wainwright v. Witt, 469 U.S. 412 (1985) which established the "substantially impaired" standard for exclusion of jurors in death penalty cases. Even if a potential juror expresses no objection to the death penalty and states that they will follow the law, they can still be excluded for cause if their views on the death penalty would substantially impair their ability to follow the law and consider all sentencing options.

The Supreme Court Has Held That Even Where a Potential