The decision is significant in three major main ways:

1. It essentially bars the death penalty in all cases that do not result in the death of the victim, with the exception of "offenses against the State."

2. It explicitly confirms that the Court's reliance on an 'evolving national consensus' against the death penalty in specified circumstances is truly a one-way street; the Court frankly admits that unless there is strong evidence of a national consensus favoring the death penalty for a particular crime at a particular time, the Court will permanently bar every state from using the democratic process to impose such a penalty at any time in the future.

3. It rejects the notion that state legislatures are competent to come up with any sort of safeguards, a conclusion much in line with the Court's recent view that Congress is incapable of determining procedures for the handling of alleged enemy combatants. The assertion of judicial supremacy inherent in this conclusion is staggering.

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