COMMENTARY: "What the supreme Court just did to the death penalty," by Ian Millhiser, published by ThinkProgress on June 29, 2015. (Ian Millhiser is a Senior Fellow at the Center for American Progress Action Fund and the Editor of ThinkProgress Justice. He received a B.A. in Philosophy from Kenyon College and a J.D., magna cum laude, from Duke University.)
GIST: "Glossip v. Gross is a crushing blow to opponents of the death penalty. The narrow issue in this case is whether a particular drug that Oklahoma wants to use in executions sufficiently dulls inmates pain that the intense suffering caused by the remainder of the state’s lethal drug cocktail does not amount to cruel and unusual punishment. Yet the Court’s 5-4 decision goes well beyond this narrow question. It effectively enlists death row inmates’ attorneys to become agents of their clients’ demise. And it elevates the death penalty to a kind of super-legal status that renders it impervious to many constitutional challenges......... As a final blow to anti-death penalty advocates, Alito effectively drafts them into the task of determining how their clients should be killed. Alito reaches his conclusion, at least in part, “based on petitioners’ failure to satisfy their burden of establishing that any risk of harm was substantial when compared to a known and available alternative method of execution.” In other words, a lawyer challenging a particular method of execution must name another, alternative method that can be used instead. Needless to say, this places attorneys who have an obligation to represent the interests of their client in a serious ethical bind. Rejecting Alito’s conclusion that if all methods of execution are unconstitutional then some method must be allowed, Justice Stephen Breyer writes in dissent that the opposite is true. “[R]ather than try to patch up the death penalty’s legal wounds one at a time,” Breyer writes, “I would ask for full briefing on a more basic question: whether the death penalty violates the Constitution.”
The entire commentary can be found at:
http://thinkprogress.org/justice/2015/06/29/3675056/death-penalty-now-enjoys-super-legal-status-thanks-supreme-court/
PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.