The Japanese air force attacks the US army base at Pearl Harbor.

Pearl Harbor attack, (December 7, 1941), surprise aerial attack on the U.S. naval base at Pearl Harbor on Oahu Island, Hawaii, by the Japanese that precipitated the entry of the United States into World War II. The strike climaxed a decade of worsening relations between the United States and Japan.

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“i think it is very plausible that if there are five votes to end the death penalty, it could be with the people who are on the court right now,” - smith

so basically it is not clearly and consistently imposed