A 8-1 ruling by Scalia upholding a death penalty procedure had but Sotomayor dissenting with the two who assumed the death penalty is likely unconstitutional yet again silently going along. Was not a brief reply given the dissent warranted? Rhetorical. I think so. Update: Today, Sotomayor (joined by Ginsburg) briefly explained how a procedural problem led her to deny a stay. Breyer dissented, adding how the case shows why the death penalty should be reexamined. He was then executed.