374
O'Connor, J., dissenting
required—a further elaboration of our intricate Eighth Amendment jurisprudence that I neither look forward to nor would support.
Today's decision, however, is simply a clarification (and I think a plainly correct one) of this Court's opinions in Franklin v. Lynaugh, 487 U. S. 164 (1988) (plurality opinion), and Boyde v. California, 494 U. S. 370 (1990), which I joined. In fact, the essence of today's holding (to the effect that discretion may constitutionally be channeled) was set forth in my dissent in Penry v. Lynaugh, 492 U. S. 302, 350 (1989) (Scalia, J., concurring in part and dissenting in part). Accordingly, I join the opinion of the Court.
Justice Thomas, concurring.
Although Penry v. Lynaugh, 492 U. S. 302 (1989), "remains the law," ante, at 369, in the sense that it has not been expressly overruled, I adhere to my view that it was wrongly decided. Graham v. Collins, 506 U. S. 461, 478 (1993) (Thomas, J., concurring). I also continue to believe it has been substantially narrowed by later opinions. Id., at 497, n. 10. Because petitioner's youth had mitigating relevance to the second special issue, however, this case is readily distinguishable from Penry and does not compel its reconsideration. I therefore join the Court's opinion.
Justice O'Connor, with whom Justice Blackmun, Justice Stevens, and Justice Souter join, dissenting.
Dorsie Lee Johnson was 19 years old when he committed the murder that led to his death sentence. Today, the Court upholds that sentence, even though the jurors who considered Johnson's case were not allowed to give full effect to his strongest mitigating evidence: his youth. The Court reaches this result only by invoking a highly selective version of stare decisis and misapplying our habeas precedents to a case on direct review. Therefore, I respectfully dissent.
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