If there is any truth to the old proverb that "one who is his own lawyer has a fool for a client," the Court now bestows a constitutional right on one to make a fool of himself.

From this day forward, I no longer shall tinker with the machinery of death. ... I fell morally and intellectually obligated simply to concede that the death penalty experiment has failed.

The Free Exercise Clause at the very least was designed to guarantee freedom of conscience by prohibiting any degree of compulsion in matters of belief. It was offended by a burden on one's religion. The Establishment Clause can be understood as designed in part to ensure that the advancement of religion comes only from the voluntary efforts of its proponents and not from support by the state. Religious groups are to prosper or perish on the intrinsic merit and attraction of their beliefs and practices.

The states are not free, under the guise of protecting maternal health or potential life, to intimidate women into continuing pregnancies.

The death penalty experiment has failed.

What the Court really has refused to recognize is the fundamental interest all individuals have in controlling the nature of their intimate associations.

From this day forward, I no longer shall tinker with the machinery of death. For more than 20 years I have endeavored - indeed, I have struggled - along with a majority of this Court, to develop procedural and substantive rules that would lend more than the mere appearance of fairness to the death penalty endeavor. Rather than continue to coddle the Court's delusion that the desired level of fairness has been achieved and the need for regulation eviscerated, I feel morally and intellectually obligated to concede that the death penalty experiment has failed.