Constitutional Accountability Center Constitutional Accountability Center
Civil and Human Rights

The Impact Of Supreme Court Decision On Florida’s Death Sentence

By Catherine Welch

The U.S. Supreme Court has ruled that Florida’s death penalty system is unconstitutional. The court ruled that Florida gave too much authority to judges.

 

The 8-1 decision said Florida’s system is flawed because juries can only recommend the death penalty while judges make the final decision.

 

Florida, Alabama and Delaware are the three states where a unanimous jury decision is not required. Brianne Gorod, appellate counsel with the Constitutional Accountability Center, said the Florida ruling puts other states on notice. 

 

“I think this decision will put any other states that might be tempted to leaving capital sentences to judges, that that’s not okay under our constitution,” said Gorod.

 

The Supreme Court ruling could trigger appeals from some of the 390 Florida inmates on death row. Florida State University legal scholar Mark Schlackman said it’s going to take a while to unravel the impact for people currently on Death Row, and whether it applies to just one case.

 

“There will be those who argue that it applies to Florida’s entire death row. And some will say cases that are similarly situated it would make sense it would apply to them,” said Schlackman. “So these issues have to be clarified.”

 

Statehouse leaders reacted to the ruling saying lawmakers will move quickly to overhaul the state’s death penalty system.

More from Civil and Human Rights

Civil and Human Rights
October 7, 2025

Supreme Court Appears Poised to Strike Down Ban on Anti-LGBTQ ‘Conversion Therapy’

The New Civil Rights Movement
The U.S. Supreme Court appears poised to strike down a Colorado ban on so-called conversion...
Civil and Human Rights
October 6, 2025

Conversion Therapy Ban Case Tests Traditional State Police Power

Bloomberg Law
A therapist’s challenge to Colorado’s ban on treatment the state says harms LGBTQ+ youths may...
Civil and Human Rights
October 7, 2025

CAC Release: Colorado Banned Conversion Therapy Because It Is Harmful. That Conversion Therapy is Accomplished Through Speech Does Not Make Colorado’s Law Unconstitutional Under the First Amendment.

WASHINGTON, DC – Following oral argument at the Supreme Court this morning in Chiles v....
Civil and Human Rights
U.S. Court of Appeals for the Seventh Circuit

A.C. v. Martinsville

In A.C. v. Martinsville, the United States Court of Appeals for the Seventh Circuit is considering whether the Supreme Court’s recent decision in United States v. Skrmetti requires it to overrule its previous decisions recognizing...
Civil and Human Rights
U.S. Supreme Court

Landor v. Louisiana Department of Corrections and Public Safety

In Landor v. Louisiana Department of Corrections and Public Safety, the Supreme Court is considering whether an individual may sue a government official in his individual capacity for damages for violating the Religious Land Use...
Civil and Human Rights
U.S. Supreme Court

Chiles v. Salazar

In Chiles v. Salazar, the Supreme Court is considering whether Colorado can prohibit mental health professionals from practicing “conversion therapy” on children.