• news
  • MONDAY JANUARY 14 2008 7:00 AM

Lethal Injection and Voter IDs and Protests, Oh My!

It was a big week for the United States Supreme Court - the Justices not only heard oral arguments in potentially landmark cases challenging the constitutionality of lethal injection and mandatory voter identification, but the Court building also served as the site of a massive demonstration calling for a shutdown of Guantanamo Bay.

The Court returned from a winter break on Monday and began the year by hearing Baze v. Rees, a case brought by two inmates on death row in Kentucky. They contend that the three-drug combination used in executions in all but one of the 36 states that still have the death penalty constitutes cruel and unusual punishment, which is prohibited by the Eighth Amendment.

In 1977, when death by electric chair was the norm, the chief medical examiner in Oklahoma developed the drug cocktail in an attempt to make executions more "humane." It consists of a barbiturate to make the individual unconscious, pancuronium bromide to paralyze muscles and stop breathing, and potassium chloride to stop the heart. Essentially, this thirty-year-old dosage combination suffocates people to death, only the drug that is supposed to make the condemned unconscious often doesn’t work. So they are conscious of the suffocation as it comes on, but unable to move or speak to communicate about it.

One problem was illustrated last year when it took nearly 90 minutes to execute Joseph Clark, who'd murdered two people in Ohio. Witnesses reported that Clark raised his head off the gurney and said repeatedly, "don't work, don't work," and moaned and groaned as he struggled with prison officials.

News accounts of the execution also quoted Clark as asking, "Can you just give me something by mouth to end this?"


Opponents of the death penalty were hopeful when the Court agreed to hear the case challenging this method last fall – they essentially halted all executions in the country by granting stays to any prisoner that appealed to them. Some saw this is a hint that perhaps they would strike down this method and, for all intents and purposes, stop the death penalty for the foreseeable future. But a lot of those hopes were dashed by the reactions of the Justices during oral argument.

The Supreme Court’s actions, first in agreeing to hear the case and then in granting the stays of execution, raised expectations among some opponents of the death penalty that the justices were inclined to be sympathetic to the arguments against the three-drug protocol. But as the argument proceeded on Monday, another possibility appeared at least as likely: that the votes to hear the case had come from justices who regarded the challenge as insubstantial and wanted to dispose of it before many more state and federal courts could be tied up with similar cases.


Justices Scalia and Roberts expressed expected opposition, but the usually liberal Justice Breyer was unexpectedly skeptical, expressing doubt that any other method of execution would be any less painful or less prone to human error. And even Justice Stevens, the Court’s most liberal Justice, conceded that the state should probably win if the issue was how well it administered the current protocol, leaving open the question about whether the constitutionality of the method itself was really being examined at all.

You can read the entire transcript of the arguments here, or download them and hear them for yourself here.

The Justices also expressed skepticism at a challenge to an Indiana law requiring all voters present valid, government-issued IDs at the polls in order to cast a vote. The challengers – the ACLU and the Indiana Democratic Party – contend that the ID requirement is an undue burden on the right to vote because the justification of voter fraud is not enough of a problem to need such a drastic solution. They claim that it will disproportionately affect poor and minority voters (who usually vote for the Democratic Party) who are less likely than more affluent white voters to have drivers’ licenses and passports.

Under the Indiana law, voters who are turned away at the polls for lack of identification may cast provisional ballots, which will be counted only if the voter travels to the county clerk’s office within 10 days to show the required identification or sign a sworn statement that he cannot afford to obtain it. The plaintiffs have argued that this extra step and required travel is an unnecessary burden that other states with identification requirements do not impose.


The Justices seemed dismissive not only of this argument, but of the entire case in general. Courts are only supposed to hear cases brought by parties who are actually harmed, but this suit was brought before the law could ever be implemented. So, technically, no one has ever been harmed by it. The issue is a deeply partisan one, of course, but the Justices apparently managed to ignore this fact.

Only two Justices — Ruth Bader Ginsburg and John Paul Stevens — even hinted at the real-world fact that the photo ID law in Indiana is at the heart of a bitter, ongoing contest reaching well beyond Indiana. It is a dispute between Republicans worried over election fraud supposedly generated by Democrats to pad their votes, and Democrats worried over voter suppression supposedly promoted by Republicans to cut down their opposition. The abiding question at the end: can a decision be written that does not itself sound like a political, rather than a judicial, tract? Can the Court, in short, avoid at least the appearance of another Bush v. Gore?


And finally, the week rounded out with a massive protest, both inside and outside the Court, against the torture of prisoners held at Guantanamo Bay. Police arrested 80 people without incident.

Those who entered the building were charged with violating two federal laws — a ban on speeches and “loud, threatening, or abusive language” in the Court building or on its grounds, and a ban on parades, assemblages, and display of flags in the building or on the grounds. Those who were arrested outside were charged with violating only the second law.


Ironically, the protest overshadowed the fact that the Court ruled on that very day that the Guantanamo detainees could not sue Pentagon officers and military officials for torturing them.

 

Previous

PAGE: 

1 | 2 | 3

Next

Comments
Stiles

Stiles

Philadelphia, PA
November 2002

JAN 14, 2008 07:54 AM

One wonders if the most enduringly damaging part of the Bush legacy will be the war or his Supreme Court nominees.

wildswan

wildswan

I'm lost
June 2006

JAN 14, 2008 08:31 AM



MissTyrios said:
...leaving open the question about whether the constitutionality of the method itself was really being examined at all.



And it seems to me that it isn't. With arguments like this...


Justice Breyer was unexpectedly skeptical, expressing doubt that any other method of execution would be any less painful or less prone to human error.



... how could it be? It seems to be a superficial question that doesn't lead to any substantial examination of the issue. I mean, why not boil them in oil - if that's the case?

Colinism

Colinism

Atlanta, GA
July 2005

JAN 14, 2008 08:44 AM

wildswan said:


MissTyrios said:
...leaving open the question about whether the constitutionality of the method itself was really being examined at all.



And it seems to me that it isn't. With arguments like this...


Justice Breyer was unexpectedly skeptical, expressing doubt that any other method of execution would be any less painful or less prone to human error.



... how could it be? It seems to be a superficial question that doesn't lead to any substantial examination of the issue. I mean, why not boil them in oil - if that's the case?



Well for one thing with oil being over $100 a barrel it's not cost effective.

Benzino

Benzino

Winnipeg, MB
November 2006

JAN 14, 2008 08:52 AM

You know what's cruel? Murder. Though I am against the death penalty I hate the chair not because of cruelty reasons, it's not cruel enough. If a guy rapes and murders three women, he gets off easily if he only has to get shot with drugs.

MissTyrios

misstyrios

NEWSWIRE

Allston, MA

JAN 14, 2008 08:54 AM

Benzino said:
You know what's cruel? Murder. Though I am against the death penalty I hate the chair not because of cruelty reasons, it's not cruel enough. If a guy rapes and murders three women, he gets off easily if he only has to get shot with drugs.



Wait - you're against the death penalty but think that it isn't cruel enough? I apologize, I just don't quite understand what you are saying.

TheFuckOffKid

TheFuckOffKid

NEWSWIRE

Australia

JAN 14, 2008 08:59 AM

MissTyrios said:

Benzino said:
You know what's cruel? Murder. Though I am against the death penalty I hate the chair not because of cruelty reasons, it's not cruel enough. If a guy rapes and murders three women, he gets off easily if he only has to get shot with drugs.



Wait - you're against the death penalty but think that it isn't cruel enough? I apologize, I just don't quite understand what you are saying.



I think he hates the death penalty as it operates now because it's not revenge-y enough.

I think.

CoyoteMike

CoyoteMike

Iowa City, IA
May 2006

JAN 14, 2008 02:38 PM

I'm surprised someone hasn't suggesting bringing back the guillotine (spelling?). It was supposed to be a painless method of execution.

I can't really decide where I stand on the whole death penalty issue. Part of me thinks it should be left up to the family of the victim(s).

I'm a bit ashamed of my state. We're the only ones left with the electric chair.

formerviking

formerviking

Denver, PA
May 2006

JAN 14, 2008 03:58 PM

Great article MissTyrios , & welcome back to where you belong .

Pip

Pip

Framingham, MA
OLD SKOOL

JAN 14, 2008 04:57 PM

Stiles said:
One wonders if the most enduringly damaging part of the Bush legacy will be the war or his Supreme Court nominees.



The Supreme Court appointments, hands down. The republican power base knew that's what they were fighting for in 2000, the Democrats did not. It will take over 30 years to undo the damage that has been done by this supreme court. And that 30 years time line starts with the next appointment that replaces one of the conservative judges.

Pip

Pip

Framingham, MA
OLD SKOOL

JAN 14, 2008 04:57 PM

Well written my friend. Good to have you back doing this!

Domo_Kun

Domo_Kun

Rockford, IL
March 2005

JAN 14, 2008 05:05 PM

coyotemike said:
I'm surprised someone hasn't suggesting bringing back the guillotine (spelling?). It was supposed to be a painless method of execution.

I can't really decide where I stand on the whole death penalty issue. Part of me thinks it should be left up to the family of the victim(s).

I'm a bit ashamed of my state. We're the only ones left with the electric chair.



You know what's funny? I suggested to my mom, when we were discussing the death penalty, that the guillotine should be the preferred method if we are going to have it.

/against the death penalty
//for the most part.
///too many innocent people have been sent to death row.

bean

bean

STAFF

Los Angeles, CA

JAN 14, 2008 05:26 PM

MissTyrios said:
...but the usually liberal Justice Breyer was unexpectedly skeptical, expressing doubt that any other method of execution would be any less painful or less prone to human error.


I don't understand what any other method of execution has to do with the question of whether or not this method is cruel and unusual. It seems like it shouldn't be about finding the least cruel and unusual method, but the one that isn't cruel and unusual, and if no other method is less painful or prone to error than one that has been shown to be prone to human error and potentially painful, maybe such a method doesn't exist. But they don't want to make that decision, because that would be a de facto decision against the death penalty altogether.

bean

bean

STAFF

Los Angeles, CA

JAN 14, 2008 05:28 PM

coyotemike said:
I'm surprised someone hasn't suggesting bringing back the guillotine (spelling?). It was supposed to be a painless method of execution.


Guilty consciences. People are fine with killing someone as long as they're detached from it, and chemical execution is imagined to be much less disturbing to people than decapitation.

CoyoteMike

CoyoteMike

Iowa City, IA
May 2006

JAN 14, 2008 05:32 PM

Domo_Kun said:

coyotemike said:
I'm surprised someone hasn't suggesting bringing back the guillotine (spelling?). It was supposed to be a painless method of execution.

I can't really decide where I stand on the whole death penalty issue. Part of me thinks it should be left up to the family of the victim(s).

I'm a bit ashamed of my state. We're the only ones left with the electric chair.



You know what's funny? I suggested to my mom, when we were discussing the death penalty, that the guillotine should be the preferred method if we are going to have it.

/against the death penalty
//for the most part.
///too many innocent people have been sent to death row.



I'm against it too, until I read about some serial rapist or something.

spyder13

spyder13

San Francisco, CA
October 2006

JAN 14, 2008 07:47 PM

Pip said:

Stiles said:
One wonders if the most enduringly damaging part of the Bush legacy will be the war or his Supreme Court nominees.



The Supreme Court appointments, hands down. The republican power base knew that's what they were fighting for in 2000, the Democrats did not. It will take over 30 years to undo the damage that has been done by this supreme court. And that 30 years time line starts with the next appointment that replaces one of the conservative judges.



Very much agreed! In a 3 branch system that is supposed to be about checks and balances it is amazing the amount damage a single party can do the the state of our government and lives.

Previous

PAGE: 

1 | 2 | 3

Next