The Supreme Court turns away a Louisiana death row inmate's appeal, staying away from a case that could have been a major challenge to the death penalty.

FOX's Jared Halpern has more from Washington:

The Supreme Court will not consider the death sentence of Lamondre Tucker, convicted of the 2008 murder of his pregnant girlfriend.

But Justices Stephen Breyer and Ruth Bader Ginsburg argue the Court should consider the case and answer whether the death penalty constitutes cruel and unusual punishment.

In a written dissent of the appeal denial, Breyer argues Tucker was sentenced to death in a county that imposes nearly half of Louisiana's death sentences. and nationwide just 59 counties accounted for all death sentences.

Bryer and Ginsburg both concluded in a lethal injection challenge last year the death penalty likely violates the Eight Amendment.

In Washington, Jared Halpern, FOX News.

Follow Jared Halpern on Twitter: @JaredHalpern