Is Justice Thomas the one with the heart, the empathy? Let's look at the questionable material he included in that death penalty case.

Yesterday, the Supreme Court decided a case called Brumfield v. Cain:

Justice Sotomayor [joined by Justices Breyer, Ginsburg, Kagan, and Kennedy] wrote... an opinion that was focused almost exclusively upon the specific evidence about whether the convicted man, Kevan Brumfield, was intellectually disabled....

Justice Thomas wrote one dissenting opinion.... Although most of the Thomas dissenting opinion was joined by the Chief Justice and Justices Alito and Scalia, those three three did not join in a section of the Thomas opinion that described the heroic efforts of one of the murdered officer’s sons to keep the rest of the family together, and his heroic efforts on the football field as a star in college and in the pro football ranks.  Alito issued a brief separate opinion for himself and the Chief Justice, saying that the section of the Thomas opinion at issue was “inspiring,” but added that those two members of the Court did not regard that part as “essential to the legal analysis in this case.”

Here's the text of the case. Here's the material in the Thomas opinion that Alito and the Chief thought didn't belong:
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