Supreme Court Ruling Clears Way for Executions

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April 18th, 2008

"High Court Votes 7-2 for Executions"

In a 7-2 decision, the Supreme Court ruled on Wednesday that the lethal injection method used for executions in Kentucky does not violate the U.S. Constitution’s ban on cruel and unusual punishment.

The decision opens the way for states to resume executions, which have been on hold across the country since September when the justices agreed to hear arguments in the case of two Kentucky inmates on death row.

The Arguments

Attorneys for the inmates challenged the constitutionality of the lethal injection method that uses a three-drug cocktail to execute the condemned. Most states in the U.S. use this method for executions.

The cocktail consists of an anesthetic, a drug that paralyzes the muscles of the lungs and diaphragm, and one that stops the heart. Defense attorneys argued that when administered improperly, the inmate could suffer an excruciating death.

Lawyers for the state of Kentucky countered that executioners are not required to eliminate the risk of suffering as part of the constitutional ban on cruel and unusual punishment.

The Decision

The majority of justices agreed, with Justice Ruth Bader Ginsburg and Justice David H. Souter offering the dissenting votes.

Soon after the ruling was issued, Virginia’s governor lifted the state’s moratorium on executions. Other prosecutors and governors around the U.S. announced their intentions to start seeking execution dates as well.

(Source: Baltimore Sun)

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