In Furman v. Georgia (1972), Justices _____ and _____ stated their view that the death penalty is inherently "cruel and unusual punishment."

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Justices Thurgood Marshall and William Brennan stated in Furman v. Georgia (1972) that the death penalty is inherently "cruel and unusual punishment," leading to the Court's decision to strike down all existing death penalty laws at the time. Justices White and Rehnquist dissented, arguing that the death penalty did not violate the Eighth Amendment. Justices Warren and Stewart also voted to strike down the death penalty, but on different grounds, arguing that it was being applied in an arbitrary and discriminatory manner. Justices Blackmun and Burger joined in a separate opinion that agreed with the result but not the reasoning of the decision.

In Furman V