And I dropped the ball on that one, but the other two required a constitutional amendment. Further, Brown was consistent with the language of the 14th Amendment and rectified a terrible decision made by a Court that was unwilling to go as far as the American people had in amending the Constitution.
Suddenly realizing that the death penalty is not permitted under our Constitution after over 200 years of contrary jurisiprudence would be nothing short of judicial fiat. If the American people want to determine that the death penalty is antiquated, they can do so. However, until they do, it is not up to the Court to do so in light of what other countries are doing.
We still get to make our own laws in this country!