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Criminal,
Constitutional Law

Sep. 15, 2025

The impact and limits of McCoy v. Louisiana, 7 years on

Justice Ruth Bader Ginsburg's opinion in McCoy v. Louisiana reshaped the limits of attorney autonomy -- but seven years later, the decision's reach remains contested and its consequences still unfolding.

Richard LaFianza

Supervising Deputy Public Defender
San Bernardino County

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The impact and limits of <i>McCoy v. Louisiana</i>, 7 years on
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In 2018, Justice Ruth Bader Ginsburg was asked, "What was your most difficult decision?" She declined to name a specific case, but she did say that death penalty cases were the most difficult. She added that "if I were Queen, there would be no death penalty."  Three months later, while not yet a Queen, Ginsburg overturned a death penalty conviction in McCoy v. Louisiana (2018) 138 S. Ct. 1500, 1505.

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