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Chief Justice Earl Warren had written in Trop v. Dulles (1958) that “whatever the arguments may be a
document I set to work on the capital punishment project but found no suggestion in the case law that any court had ever considered the death penalty to be of questionable constitutionality. Just five years earlier House Oversight Committee — Epstein Estate Records (Nov 2025)

Chief Justice Earl Warren had written in Trop v. Dulles (1958) that “whatever the arguments may be against capital punishment

rather than because [I] had any real sense that justice in some way had gone astray.”
document Esquire magazine had commented that the Von Bulow appeal “looked like another ritualistic exercise in civil libertarian dogma” that “would churn through the courts simply because there was money available and a set of arguments that could be made House Oversight Committee — Epstein Estate Records (Nov 2025)

rather than because [I] had any real sense that justice in some way had gone astray.”