I only watched a couple of minutes of the video. Scaramucci (sp?) is quite right about the unfairness in the application of the death penalty. It's been clearly shown that oftentimes those committing the most heinous criminal acts do not receive the death penalty, and there is an alarming percentage of capital punishment sentences in cases of wrongful convictions, subsequently exoneration by DNA evidence.
But, furthermore, the Court's rationale in Kennedy v. Louisiana, where it held that the Cruel and Unusual Clause prohibited the state from imposing the death penalty for convictions of child rape, began with a premise concerning national consensus. There is even less national consensus among states on capital punishment for mere drug dealers than there was for convictions for child rape. More than that, the Court did not even mention mere drug dealing among the possible crimes against the state that might not be instances of cruel and unusual punishment, rather, it included only the term "drug kingpin activity".