In Rosenberg v. United States (1958), Julius and Ethel Rosenberg, a married couple, were convicted for conspiracy to commit espionage by sharing information about the atomic bomb with the Soviet Union during World War II. The Rosenbergs appealed their conviction on several grounds including that they were denied due process because of excessive publicity before trial; that there was insufficient evidence to support Ethel's conviction; and that the death sentence imposed upon them constituted cruel and unusual punishment in violation of Eighth Amendment rights. However, their appeals were rejected by both lower courts and eventually by the Supreme Court as well. In June 1953, despite international protests pleading for clemency, they became the first American civilians executed for espionage during peacetime.

The dissenting opinion in the Rosenberg v. United States case argued that the death sentence imposed on Julius and Ethel Rosenberg was excessive, given their conviction for conspiracy to commit espionage rather than actual espionage. The dissent emphasized that no evidence had been presented showing they directly caused harm to the U.S., such as causing a war or aiding an enemy during wartime. It also pointed out inconsistencies in sentencing, noting others convicted of similar crimes received lesser sentences. Furthermore, it criticized how political pressure may have influenced the harsh punishment due to public fear surrounding atomic warfare at that time (Cold War era). Finally, it questioned whether executing two parents and leaving their children orphaned served justice or national security interests effectively.