This argument has provoked increasingly bitter dissent from supporters of the death penalty.
But the two Democrats planned to issue a bitter dissent when the commission formally votes on the membership of the new agency on Friday.
The action also provoked an unusually bitter dissent from Justice John Paul Stevens, joined by the three other more liberal Justices.
The judging panel was locked in a "fierce debate and quite bitter dissent" and eventually used a vote to decide on the winner.
In bitter dissents, the four liberal Justices accused the majority of acting as judicial activists by gratuitously reaching out to unsettle well-established law.
The Court's decision today provoked bitter dissents that accused the majority of distorting established legal principles to avoid overturning numerous sentences.
An extraordinary action by the Supreme Court aroused bitter dissent and much legal comment.
Justice Frankfurter wrote a bitter dissent for a three-member minority.
Howe argues that, "American imperialism did not represent an American consensus; it provoked bitter dissent within the national polity."
The Court's five more conservative Justices, over bitter dissents by the other four, agreed to consider overruling an important 1976 decision that had expanded such rights.