said it leads to absurd consequences writing the dissent she said, quote: in a separate dissent steven breyerrought up any elephant in the room the death penalty itself, writing, quote: he argued it is highly likely it is unconstitutional, not carried out reliably or quickly, and handed down arbitrarily, that brought a retort from scalia who call it quote, gobbledy gook. >> we shouldn't be killing people. it doesn't matter how. >> reporter: but there is clearly no majority on the court for revisiting the death penalty itself. and some states have started looking at alternatives to lethal injection. oklahoma has looked at the gas chamber. tennessee has looked at the electric chair again, and utah has approved a return to the firing squad. opponents of the death penalty are heartened by the fact that nebraska recently decided to abolish the death penalty, the 19th state to do so. back to you. >>> another major decision today from the supreme court death a blow to the obama administration clean-air policy. it was a 5-4 vote and they overruled limits on toxic gas emissions for powerpoints. they f

mayor, said an alternative leads to absurd consequences, she wrote quote: in a separation dissent steven breyerrought up the elephant in the room the death penalty itself, writing, quote: he argued it is highly likely it is unconstitutional not carried out reliably or quickly, and handed down arbitraryily. that brought a rewrote from scalia who called the dissent, quote, gobbledy gook. a should group of opponents agreed with breyer that the court and country needed a broader conversation about capital punishment. >> we shouldn't be killing people. >> reporter: but there is clearly no majority on the court for revisiting the death penalty itself. >> reporter: some state have started to look for alternatives for lethal injections. opponents of the death penalty have been heartened by the fact that the red state of nebraska recently became the 19th state to abob lish the death penalty. >>> public debate over lethal injection ignited after the botched execution of an inmate in 2013. heidi zhou castro has more on that. >> reporter: four a roomful of witnesses prepared to see the unimaginable, the sc

the stake dissent, then it got more dramatic because after she read her dissent, then justice steven breyered to read his dissent, too. he said he believes the whole death penalty no matter how you do it is probably unconstitutional. over 40 pages in this elaborate and forceful dissent has charts and maps and everything. justice briar lays out a case by case that, quote, the death penalty in and of itself now likely constitutes a legally prohibiting cruel and unusual punishment. so, justice alito reads the opinion. then drama, justice sotomayor reads her dissent out loud, and then even more drama, justice brier reads his dissent out loud, too, and said the whole death penalty is unconstitutional, and not just more drama, but unprecedented drama because after the opinion and the dissent gets read out loud and then the other dissent gets read out loud, but wait, there's more. justice scalia said he would like to read something out loud, too. four justices going at each other out loud from the bench. justice scalia read a concurrence was it was basically a rebuttal to justice breyer, and that

in the discents justices steven breyer and ruth baeder ginsberg took the argument a step further and said the death penalty itself may be "unconstitutional." >> health check tonight. if you know someone making a difference to make their community healthier philadelphia magazine wants to hear from you. >> they have launched their annual healthy road challenge and health reporter ali gorman joins us at the big board to tell us more about it. >> the contest is run by be well philly. that's the magazine's health and fitness blog. last year they had 500 nominations. this year once again they're looking for people who are helping to make the tri-state area a healthier place. the search is on for b well fill's 2015 health hero. i met up with assistant editor fisher who says the online challenge is a way to recognize people making a difference in the health of our community. >> it shows just how many awesome people are trying to make philly a healthy fit place to be. >> this is the fourth year for the challenge. in the past, nominees included. >> doctors founders of charities, coaches, train

divisions here because while the majority said that oklahoma can go ahead, two of the justices steven breyer and ruth baiter ginsburg, say they think it's time for the supreme court once again look at the constitutionality of the death penalty, justice breyer and his dissent says you've got these problems of people wrongfully accused. you've got the problem on the one hand executions drag out. sometimes people aren't executed for 18 years after the death penalty is imposed but he says if you shorten that time when you run the risk of executing people that were wrongfully convicted before you find the dna evidence. so for all of those reasons he and justice ginsburg says you aulth to take another look at this. two of the court's more conservative justices say, no just the opposite ought to happen. the supreme court ought to look at expanding the use of the death penalty. this case brought out some very deep divisions. >> fascinating on that point. they also weighed in on redistricting in arizona. this was a little bit of a surprise, right, pete? >> very much of a surprise because during oral