Justice Ginsburg could refer the matter to the full high court.

Justice Ginsburg said the court should keep in mind that "death is indeed a penalty different from all others."

Justice Ginsburg, 68, learned she had cancer shortly before the court's 1999-2000 term.

Justice Ginsburg was hardly alone in framing the matter this way.

Justice Ginsburg recognized the importance of this issue and took it on directly.

Justice Ginsburg quite clearly had that criticism in mind when she described her approach to picking cases.

"The public is getting only the bad and not the good," Justice Ginsburg said.

Justice Ginsburg's majority opinion rejected this argument out of hand.

Justice Ginsburg is no slouch when it comes to putting herself together.

Justice Ginsburg wrote the dissent and read it from the bench, a rare practice.