that you think could sway, lisa, this jury towards leniency when you hear that and they ve already convicted her of killing him? they ve already convicted her of killing him, and remember they ve been vetted as a jury to be jurors who are willing to mete out the death penalty. that said, as jay points out, you need one juror to waver. even though technically they find no mitigating factors, they re required to impose the death penalty. but in the jury room, there s no knowing when the vote comes. the power of putting somebody on death row, it s a very daunting task, certainly. your experience and what you ve witnessed, what is the likelihood you think she ll get the death penalty? i think she will not get the death penalty. i think it s very hard for jurors to say that someone deserves death. given this is her first offense. she is relatively young. every murder is bad. every premeditated murder is bad. so i think it s very hard this isn t a terrorist.
one is i think the chief justice is very sensitive to the perception of a court becoming increasingly politicized. whether it s true or not, there is a public perception of that after the citizens united case, so i think he s keenly sensitive to that. secondly, i think in his confirmation hearing he famously said i m going to call a ball a ball, a strike a strike, i m not a pitcher, and i m not a batter. i don t think he wants to overturn a major social reform legislation passed by the congress, particularly when it s being done on a very controversial basis to trim back the commerce clause which has historically been interpreted to give congress almost plenary power. you have conservative luminaries out there like lawrence silverman, charles freeh, jeffrey sutton, all of whom have said megyn: yeah, but as jay points out, you have judges on the