In the case of Glossip v. Gross (2015) Justice Breyer (writing in the dissent) held that it is highly likely the death penalty violates the 8^th Amendment.

Name: In the case of Glossip v. Gross (2015) Justice Breyer (writing in the dissent) held that it is highly likely the death penalty violates the 8 th Amendment.
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Justice Breyer argued in his dissenting opinion that it is highly likely that the death penalty violates the Eighth Amendment's prohibition on cruel and unusual punishment.

In the Case of Glossip V