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He jumped on the weakest part of Amsterdams argument: By saying that human decisions were a problem, he explained, Amsterdam was actually implying the solution would be a law that totally removes human decisions, that is so rigid and automatic and insensitive that it would be morally reprehensible. Then Bork made his most sweeping argument, that the death penalty was a sign of a healthy democracy at work: These five cases are about democratic government, the right of various legislatures of the United States, to choose or rejectaccording to their own moral sense and that of their peoplethe death penalty. Amsterdam returned for a final argument

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