Next, the defendants asked the United States Supreme Court to decide whether their death sentences were constitutional. In "Furman", the Court had ruled that the death penalty was "sometimes" cruel and unusual punishment. These five defendants were asking the Supreme Court to rule that the death penalty was "always" cruel and unusual punishment. If the Court ruled this way, it would make the death penalty unconstitutional in the entire United States. The death penalty would be illegal in every state in the country.