Does the Florida Supreme Court's decision denying retroactive application of the Hurst decisions to Mr. Harvey violate the Eighth or Fourteenth Amendments because it uses an arbitrary cut-off point and other arbitrary factors—such as the timing of judicial decisions—to determine whether similarly situated death row prisoners will receive retroactive application of constitutional rights?

Does the Florida Supreme Court's decision denying retroactive application of the Hurst decisions to Mr. Harvey violate the Eighth or Fourteenth Amendments because it uses an arbitrary cut-off point and other arbitrary factors—such as the timing of judicial decisions—to determine whether similarly situated death row prisoners will receive retroactive application of constitutional rights?