Finding support in this position from two other justices (William J. Brennan and William O. Douglas), Goldberg published an opinion dissenting from the Court's denial of certiorari in a case, "Rudolph v. Alabama", involving the imposition of the death penalty for rape, in which Goldberg cited the fact that only five nations responding to a UN survey indicated that they allowed imposition of the death penalty for rape, including the U.S., and that 33 states in the U.S. had outlawed the practice.