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When, in 1972, the Supreme Court halted executions-finding the application of the death penalty incompatible with the Eighth Amendment's prohibition of cruel and unusual punishment'-many in the anti-capital punishment movement saw it as the penultimate step in a long struggle to end state killing.2 They were confident that the Furman opinions of Justices Brennan and Marshall pointed the way toward an impending judicially imposed abolition of capital punishment, and they carefully plotted the steps necessary to bring that result to fruition. As Philip Kurland wrote at the time:

Recapturing the Spirit of "Furman": The American Bar Association and the New Abolitionist Politics