It was held unconstitutional by a Federal district judge in November.
"There is always a chance that a state's death penalty will be held unconstitutional."
But the provision was held unconstitutional, and in 1990 Congress repealed it.
It was held unconstitutional by the Connecticut Supreme Court in 1987.
Only a middle approach, in which judges are required to make their own factual findings to increase sentences, was held unconstitutional.
It should, nevertheless, be held unconstitutional for reasons of the fair administration of justice.
Congress may, in the exercise of its Section 5 power, do more than simply proscribe conduct that we have held unconstitutional.
School prayer, whether voluntary or not, was held unconstitutional.
In a unanimous decision, the law was held unconstitutional.
That law was recently held unconstitutional by two federal courts.