Supreme Court

A Death Row Case That Divided Kavanaugh and Gorsuch

Plus: Gordon Wood, RIP

Damon Root | 6.9.2026 7:00 AM

Share on FacebookShare on XShare on RedditShare by emailPrint friendly versionCopy page URL Add Reason to Google

Media Contact & Reprint Requests

(Illustration: Adani Samat. Photo: CNP / AdMedia/Newscom/Brian Cahn/ZUMAPRESS)

On the surface, Justices Neil Gorsuch and Brett Kavanaugh share much in common. They are both judicial conservatives, both self-professed originalists, both former federal appellate court judges with respected records, and both were appointed to the U.S. Supreme Court by the same president.

Yet there are certain legal issues that have brought out notable differences between them. The Supreme Court's recent 5–4 decision in Pitchford v. Cain offers a fascinating case in point.

You’re reading Injustice System from Damon Root and Reason. Get more of Damon’s commentary on constitutional law and American history.

Company

This field is for validation purposes and should be left unchanged.

Email(Required)

SUBSCRIBE

Pitchford v. Cain centered on the reach of a 1986 SCOTUS........

© Reason.com