Back during the period when the death penalty was regularly in play with the Supremes, Thurgood Marshall and William Brennan published standard dissents in which they very briefly proclaimed the death penalty to be at odds with the constitution.
George Will has a similar idea for what he thinks should be majority opinions in religious display cases. It’s a gem:
“Because the display on public grounds does not do what the establishment clause was written to prevent — does not impose a state-sponsored creed or significantly advantage or disadvantage one sect or sects — the display is constitutional.”
When you’re right, you’re right.