After the Supreme Court without comment refused a final appeal based on a broad argument against the death penalty (unlike some arguments, okay this lost cause received no comment from Breyer et. al.), a rather unsympathetic character was executed. The death penalty doesn't just apply to such people and even there problems arise including the lightening strike effect where one or two random horrible miscreants are executed over others.Update: In another case, where a lower court held up an execution, the justices split. Stay remains. The assumption would be if Scalia was still alive, the guy will soon be dead.