Justice Thomas said the court should look to the practices at the time the Bill of Rights was adopted. Given that capital punishment could be imposed on people as young as 7 in the 18th century, he said, Mr. Graham’s punishment would almost certainly have been deemed acceptable back then.
via Court Bars Life Terms for Youths Who Haven’t Killed — NYTimes.com.
Justice Thomas should recall that the practices at the time the Bill of Rights was adopted condoned the practice of slavery.