4.2.12 WC: 191694 This would not, unfortunately, be the High Court’s last word on the subject. Chief Justice Berger, in his dissenting opinion, provided the states with a roadmap as to how to draft death penalty statutes that might pass constitutional muster with a majority of the justices. What ensued was a constitutional ping pong match between proponents of capital punishment and abolitionists; the proponents would draft new statutes, and the abolitionist lawyers would challenge them in court. Justice Goldberg, now in private practice, and I continued to play a role in this back-and- forth life and death conflict by writing joint articles for newspapers and law reviews. Then I was given and opportunity to participate directly in the court battle, in a dramatic and controversial case called Tison v. Arizona, whose story I will now tell. 164 HOUSE_OVERSIGHT_017251