We have a convicted cop killer in our state. They are now at the sentencing phase. The catch is that after he was arrested and before his trial the state repealed our death penalty law and replaced it with life without parole. Since the crime and arrest came before the REPEAL. The DA is trying to select a jury to sentence him to death.
Channel 4 news last night and this morning said that the death penalty was declared unconstitutional after his arrest. There's a big difference between a repeal from a legislature and a court declaring a law unconstitutional. If it had been declared unconstitutional then they wouldn't be open for the death penalty.
They just have to put in buzz words to inflame the public against judges even if almost all judges local and federal were appointed by Republican presidents and governors or bought the office in an election.