I guess so much for the Administration’s Federalist Society allies and their arguments about the autonomy afforded states under the 10th Amendment & that federalism means the federal government should respect a state’s decisions, like whether or not to have the death penalty.Wow. I guess it should not be surprising, since in most law schools aspiring lawyers can graduate without having ever read the text of the constitution. If CDW had bothered to do so, they might have learned that the federal government is granted the power to regulate interstate commerce, which they do in part by criminalizing the illicit drug trade. This includes allowing for the death penalty when drug dealers kill cooperating witnesses.
I suspect CDW knows all this, however, since they themselves support illegitimate use of federal power when exercized by the federal courts to restrict state legislation on the death penalty as I mentioned here.
So it's OK for the SCOTUS to stretch the Eighth Amendment beyond recognition in overturning a state law, but on the other hand, it's an abuse when the executive branch asserts a power that no one denies they possess under the constitution.
That's liberal "logic" for you.