The Supreme Court may have just set a troubling precedent for capital punishment
The United States Supreme Court on Monday ruled against a death row inmate who was seeking to find an alternative to lethal injection as a capital punishment method. Some believe it might set a dangerous precedent.
Slate's Mark Joseph Stern writes that the court ruled against Russell Bucklew, an inmate from Missouri who has a rare medical condition that would make death by lethal injection extremely painful for him, as confirmed by medical professionals. Bucklew requested to die by "hypoxia" — a lack of oxygen — instead, citing two Supreme Court precedents which ruled that inmates challenging their methods of execution must provide an alternative method. Bucklew fulfilled that criteria, but he lost 5-4 anyway, with the court's five conservative justices voting against him.
Justice Neil Gorsuch, who authored the majority opinion, wrote that the prisoner must not only provide a "feasible" alternative method, but that the prisoner can only do so when "the question in dispute is whether the State's chosen method of execution cruelly superadds pain to the death sentence."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
But Gorsuch "smuggles" in that argument, writes Stern. The notion that prisoners could only request changes if the State was proven to intentionally add pain did appear in one of the precedents for this ruling written by Justice Clarence Thomas, but it was not adopted by the majority of the court. Instead, the precedents only specify that the prisoner's request can be granted if a feasible and less painful alternative is provided.
The decision could eventually warp itself into something even uglier, writes Stern, and could turn into a larger battle over the Eighth Amendment and precedents regarding capital punishment. Read more at Slate.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Tim is a staff writer at The Week and has contributed to Bedford and Bowery and The New York Transatlantic. He is a graduate of Occidental College and NYU's journalism school. Tim enjoys writing about baseball, Europe, and extinct megafauna. He lives in New York City.
-
5 hilariously spirited cartoons about the spirit of Christmas
Cartoons Artists take on excuses, pardons, and more
By The Week US Published
-
Inside the house of Assad
The Explainer Bashar al-Assad and his father, Hafez, ruled Syria for more than half a century but how did one family achieve and maintain power?
By The Week UK Published
-
Sudoku medium: December 22, 2024
The Week's daily medium sudoku puzzle
By The Week Staff Published
-
ABC News to pay $15M in Trump defamation suit
Speed Read The lawsuit stemmed from George Stephanopoulos' on-air assertion that Trump was found liable for raping writer E. Jean Carroll
By Peter Weber, The Week US Published
-
Judge blocks Louisiana 10 Commandments law
Speed Read U.S. District Judge John deGravelles ruled that a law ordering schools to display the Ten Commandments in classrooms was unconstitutional
By Peter Weber, The Week US Published
-
ATF finalizes rule to close 'gun show loophole'
Speed Read Biden moves to expand background checks for gun buyers
By Peter Weber, The Week US Published
-
Hong Kong passes tough new security law
Speed Read It will allow the government to further suppress all forms of dissent
By Peter Weber, The Week US Published
-
France enshrines abortion rights in constitution
speed read It became the first country to make abortion a constitutional right
By Peter Weber, The Week US Published
-
Texas executes man despite contested evidence
Speed Read Texas rejected calls for a rehearing of Ivan Cantu's case amid recanted testimony and allegations of suppressed exculpatory evidence
By Peter Weber, The Week US Published
-
Supreme Court wary of state social media regulations
Speed Read A majority of justices appeared skeptical that Texas and Florida were lawfully protecting the free speech rights of users
By Peter Weber, The Week US Published
-
Greece legalizes same-sex marriage
Speed Read Greece becomes the first Orthodox Christian country to enshrine marriage equality in law
By Peter Weber, The Week US Published