Title 18, Section 875 A makes it a crime punishable by death to kidnap and murder a Supreme Court Justice. A man was convicted under this statute for the kidnapping and murder of a Supreme Court justice that the man had labeled a "traitor" for his opinions. The man appeals his conviction, arguing that the statute under which he was convicted was unconstitutional.
On appeal, a reviewing court should:
a) Uphold the conviction, as protecting Supreme Court Justices is a compelling government interest
b) Overturn the conviction, as the statute infringes on the defendant's freedom of speech
c) Suspend the case until the Supreme Court issues an opinion on the matter
d) Remand the case for retrial under a different statute