Lawyers for the suspect in the synagogue shooting that killed 11 people in Pittsburgh have challenged his potential death sentence as unconstitutional.
Lawyers for Robert Bowers argued in court papers filed this week that capital punishment violates the Fifth Amendment’s due process clause and the Eighth Amendment’s ban on cruel and unusual punishment.
They also said the practice of carrying out federal executions in state prisons violates a Tenth Amendment protection that says states can’t be made to enforce federal laws, the Pittsburgh Tribune-Review reported Friday.
Defense lawyer Judy Clarke has made similar arguments in other high-profile capital cases. Her clients have included Boston Marathon bomber Dzhokhar Tasarnaev, who is appealing his 2015 death sentence, and “Unabomber” Ted Kaczynski, who entered a plea agreement that spared him the death penalty.