"The risk of racial prejudice infecting a capital sentencing proceeding is especially serious in light of the complete finality of the death sentence."
"The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution.... There should be, therefore, great resistance to ... redefining the category of rights deemed to be fundamental. Otherwise, the Judiciary necessarily takes to itself further authority to govern the country without express constitutional authority."
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Source: Bowers v. Hardwick, 478 U.S. 186, 1986.
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