High Court Upholds Lethal Injections

Justices Reject Challenge To Kentucky's Death Penalty Procedures, Executions Will Resume

(CBS/AP)  The Supreme Court on Wednesday upheld the most common method of lethal injection executions, likely clearing the way to resume executions that have been on hold for nearly 7 months.

The justices, by a 7-2 vote, turned back a constitutional challenge to the procedures in place in Kentucky, which uses three drugs to sedate, paralyze and kill inmates. Similar methods are used by roughly three dozen states.

In Oklahoma, one of the states to use the three-drug procedure, Oklahoma Attorney General Drew Edmondson acted to halt executions in October pending U.S. Supreme Court action in the Kentucky Case.

The ruling has big consequences nationwide, reports CBS News correspondent Wyatt Andrews. First off, the 36 states in the federal government that use lethal injections have essentially made lethal injection the only form of executions commonly used now in the United States. For the last several months, while it reviews this lethal injection challenge, the justices have been issuing stay after stay of execution in states around America, in effect putting in a moratorium on capital punishment itself.

Andrews notes that by saying that lethal injection is not cruel and unusual punishment, it does two things:

• It lifts that de facto moratorium that the states were recognizing while the justices reviewed this.



• And it states flatly that lethal injections can go forward from now on, because the people who have been challenging lethal injections have not proved, according to the chief justice and the six other justices that voted with him, that lethal injections are cruel and unusual.

The immediate effect of Edmondson's action was to delay the execution of Oklahoma death row inmate Terry Lyn Short, who lost his final appeal was waiting to have his execution date set.

"We ... agree that petitioners have not carried their burden of showing that the risk of pain from maladministration of a concededly humane lethal injection protocol, and the failure to adopt untried and untested alternatives, constitute cruel and unusual punishment," Chief Justice John Roberts said in an opinion that garnered only three votes. Four other justices, however, agreed with the outcome.

Roberts' opinion did leave open subsequent challenges to lethal injection practices if a state refused to adopt an alternative method that significantly reduced the risk of severe pain.

Justices Ruth Bader Ginsburg and David Souter dissented.

[l8c6]

Apostacy has entered into the halls of the highest places. The fall of a great nation proceeds.

[option-allie]

"the prisoners suffered severe pain in the process."
-Yes. Did their victims suffer also?

[rushman71]

It truly is a great nation that we live in. We are allowed to kill unborn children, who never get a chance to breath the air or see daylight. But we have people who wish to spare the lives of "cruel and unusual" people that destroyed the lives of the innocent, bringing pain and anguish to their families and loved ones. Cruel and unusual punishment? I feel the cruel and unusual punishment that this country is doing to us all.

[kennedy7955]

The Chinese use a single bullet to the back of the head and the family pays the bill for the bullet. Compare that to lethal injection, the expense and the failure of it at times and a bullet is the more humane and cheaper way to go.

[frankson2]

I cannot reconcile in my mind the government of a civilized society killing one of its citizens let alone the judiciary condoning it.

[beehive21-2009]

The killers , child rapist etc. would better serve justice with a hanging or bullet to the head.Why all the hoopa over terminating a killer,Lawyers.Lawyers want $$$,The killers should stand up in take the medicine like a human ,once you kill you need to check out, no one loves you anymore,unless they needed killin.

[ekucrew]

NOW the pen in KY can execute the cop(s) killer Bayes that started this delay....also give the same to his partner-in-delay Bowling who killed a young couple who were opening their business one morning "just because". Their two year survived the shooting 16 years ago after he was wounded.

[newsnut123]

TO NOTMUDROSE: PLAIN AND SIMPLE, YOU''RE AN IDIOT!!

[wilsonmakes7]

There should be no question whether to use the death penalty. There should be no question of cruel and unusual punishment. What about the victims? They have been subject to disgusting acts of violence and never had a say.
As for you notmudrose. I voted for Bush, so did the majority, TWICE. I haven''t killed anyone...yet. As my son sits in Iraq, you have the nerve to blame the American people for this mess?

[andor3]

"would better serve justice with a hanging or bullet to the head"

yep, that makes you a criminal and perverted too if you think that revenge is justice. of course that IS the point: people who advocate the death penalty are really suicidal. they recognize the criminal in themselves and want to scare it into silence. and they are willing to kill other people to aid their weakness and lack of self-control.

people who are civilised, mature and understand their human nature never advocate deth as justice.

[andor3]

"I voted for Bush, so did the majority, TWICE"

reality check there: Bush LOST the popular vote in 2000. He did not get a majority of registered voters in any election. And if there was an election today he would lose by any measure.

[kennergirl]

It amazes me that some people on death row are worried about being in pain during their execution. Most are guilty of the crime they committed and didn''t mind causing pain and suffering for not only their victim but the family of victim.

What is sad is that the few men who are in prison (and some even on death row) that are innocent and are a product of an overzealous police department. But as for the majority men on death row I have no sympathy for them. I think lethal injection is probably the humanest way to kill someone. It is more humane than what the men who end up on death row probably committed against their victim(s).

Executions have been happening since the beginning of time so imagine if you faced a beheading, stoned to death, burned at the stake or lynched? Then you would have something to complain about.

[parrot123-2009]

"the prisoners suffered severe pain in the process."
-Yes. Did their victims suffer also?
Posted by option-allie at 10:50 AM : Apr 16, 2008

I sure hope you don''t believe that everyone on Deathrow is guilty .... How many convictions for the death penalty have been overturned - just look at the last 10 years - maybe you''ll understand what more people are starting to realise. I think NancyNaive has the best plan. Cheers!

[jumkey]

TO NOTMUDROSE: PLAIN AND SIMPLE, YOU''''RE AN IDIOT!!

Posted by newsnut123

Plain and simple - Americans love their plain and simple. Because subtle and complicated is really, really hard.

[rushman71]

andor3:if anyone needs a reality check, it definitely should be you.

[redveg]

The death penalty can only be just if we have a 100% accuracy rate on the verdicts that result in the sentence. Unfortunately, when cases are revisited later, a huge percentage of the people on death row are found innocent. Some times it is over zealous prosecution and a less than bright jury; other times it is corrupt cops framing people. When proof of innocence is found, it is tough to bring the dead bodies back to life.

[prestongirl]

All this concern for humane executions is absurd, these people didn''t kill humanely. Painful is what they deserve, so throw out the gas chambers, lethal injections, electric chairs and line them up outside and shoot them in the head. Bullets are far cheaper and air it on TV to make it real for all those who contemplate it... The people opposing the death penalty must like paying all that money for prisons, these people are sentenced to death so why should we pay so much a year for them to live better than most were -they are supposed to be dead. Call me heartless, say I wouldn''t say the same if it was my family- go a head but I do have a family member on death row and I still believe that all on death row should be dead. And for the bleeding hearts - you want sympathy it is in the dictionary between sh*t and syphilis.
Wilsonmakes7 couldn''t agree with you more.

[parrot123-2009]

Executions have been happening since the beginning of time so imagine if you faced a beheading, stoned to death, burned at the stake or lynched? Then you would have something to complain about.
Posted by kennergirl at 11:34 AM : Apr 16, 2008

A lot of the people that created lots of creative ways to kill condemned prisoners have all since abolished the death penalty - all around the world. Only a few 3rd world countries and the U.S are the only ones left still executing criminals. If theres ever a chance that an innocent can be executed, then there should never be anymore executions. Cheers!

[wilsonmakes7]

Popular vote or not, obviously didn''t matter, twice he is the commander and chief. Only an idiot would blame the American public for the deaths of soldiers in Iraq.

[parrot123-2009]

The people opposing the death penalty must like paying all that money for prisons, these people are sentenced to death so why should we pay so much a year for them to live better than most were -they are supposed to be dead.

Call me heartless, say I wouldn''''t say the same if it was my family- go a head but I do have a family member on death row and I still believe that all on death row should be dead. And for the bleeding hearts - you want sympathy it is in the dictionary between sh*t and syphilis.
Wilsonmakes7 couldn''t agree with you more.
Posted by prestongirl at 11:42 AM : Apr 16, 2008

I''d call you Very UnEducated - You''re so very misinformed on a lot of things you''d posted. Do some research and then let me know what you think then - especially after looking at the actual cost of Lifers as opposed to those on deathrow - then also check out the number of overturned deathrow convictions - in some places at an alarming rate (Texas). I''d also Love to see more Repugs get Educated, rather than spout based on their emotions. Cheers!

[parrot123-2009]

When democrats win the election, they should try to get back the majority in the supreme court.
Posted by alphanuclear at 11:52 AM : Apr 16, 2008

Not when the yougsters are all Repugs .... With a Dem Presidency the Repugs on that bench would have to be more Humane, as there''ll be more scrutiny than exists right now. Cheers!

[redveg]

Studies have found reversable errors in 68% of death row cases; and that doesn''t include simple jury error or corruption in law enforcement. Even when you consider the errors that are caught in time, there are a lot of innocent people being put to death.

[malkerz]

The cost of the Death Penalty is much higher than life in prison due to the average legal costs. People facing death will keep appealing for years and years, costing the tax payers hundreds of thousands of dollars in legal fees (paying prosecutors, investigators, judges). While this is an interesting proposition in itself, the real issue should be moral. Killing human beings is wrong. State Sponsored Murder killed Jesus Christ. If Jesus were murdered again, today by the state of Kentucky, the symbol of his martyrdom would be the needle. WWJD? Who would Jesus murder?

Turn the other cheek.

[konabike]

Just give the death row inmates to China. That should take care of it. No pain.

[wilsonmakes7]

Turn the other cheek in this day and age has a whole new meaning. Jesus also lived in the time of an eye for an eye. What happened to that idea?

[lindaredtail]

parrot123 you are right. The young members of the court are all Republicans. John Roberts likes to think of himself as an intellectual. But if you look at the cases that have been chosen to be heard since he became Chief Justice and Alito joined him they are partial birth abortion, now lethal injection and soon a gun ownership cases. All of this comes right out of the conservative Republican playbook. They are going to set legal precedents that will probably not be overturned in our lifetime because of the make up of the court. What else will they do? What other rights will end up diminished? Time will tell. What John Roberts doesn''t seem to realize is that a true intellectual thinks for themself.

[lindaredtail]

commonsense1 What do you think the most powerful part of the Scriptures are. I would say the Ten Commandments. One of them does address the subject. It says Thou Shalt Not Kill.

[suzieh2308]

These arguements just assult my logical - we did sentence these murders and rapist to the DEATH penelty right?? So why r we all so shocked when we have to follow through on putting them to death? As for the cruel and unusual punishment theory, ***! what ever they did to land them on death row was cruel and possibly unusual - what about the vitcims right to not be killed or raped, oh but who cares, lets make sure these scumbags of society get their rights first - f--- the vitcim! If these people on death row will never be funtioning and contributing members of society - f---ing kill em already, why make them wait 20+ years and cost us, that are good members of society waste billions of dollars so they can have more rights and live better than I do - what a gd hypocrissy!!!

[andor3]

"As for the cruel and unusual punishment theory, ***! "

Not sure what country you write from, but here in America banning cruel and unusual punishment is a foundation principle of our government, from the Constitution itself. If it is cruel and unusual, it is illegal, period.

[rushman71]

andor3: If it is "illegal", then what about the actions of the guilty. Are you suggesting that all of the guilty are innocent? They killed innocent lives, leaving behind families and loved ones suffering from their losses. But you would rather give pitty to the inhumane? How pathetic!!!

[colvinatch]

As a lifelong Kentucky resident I have only one thing to say. Line the lowlife murders up and put the needle in their arm. If that seems cruel and unusual then there is still the electric chair in cellhouse 1 of Eddyville State Prison, give the murdering loosers their choice!

[grandmamu]

Yeehaw for the supreme court. Put the murders where they belong. Cruel and unusual punishment is what these animals did to their victims. Lethal Injection is too good for them.

[secundus2]

Murder is (for the most part) punishable by the states and it is not the ordinary job of the Supreme Court to overturn the acts of state legislatures.

State legislatures are made up of representatives with the most direct connection to the people. The US Constitution reserves the right to do things such as setting the penalty for murder and choosing methods of execution for murder to the states and the people. Such power is not granted to any branch of the Federal government.

Elect different state legislators, if you want lethal injections outlawed or the death penalty abolished. That way bolsters popular sovereignty and the 10th amendment. Calling on the Supreme Court to do what voters and state legislators won''t do is, with a few notable exceptions, a bad idea.

Many who post here don''t really like or trust representative government.

[snbd1213]

I AGREE THAT THE COURT HAS FINALLY DONE THE RIGHT THING. THE ONLY THING I WOULD ADD IS THAT IT NOT WAIT FOR 20 TO 50 YEAR TO DO IT.

[ioweign]

the innocent murder victims suffered dearly so who cares if the low-lifes who comitted the murders or other heinous crimes against the innocent have to suffer a little!!!

Posted by redpig3 at 12:42 PM : Apr 16, 2008

Yeah - Now Bush can not prolong his trial by appealing. He should like it though - they use drugs...

[beader59]

Sometimes the Federal Government needs to step in and make laws that are consistent throughout the U.S. There are some laws that need this and I think the death penalty and how it is carried out is one of them. I don''t know if the death penalty is really used the way it was intended and I don''t know if it curbs violence, but if we have it, use it and not allow the murderer to live another 20 years while we make sure their rights are not stepped on.

[usbrit-2009]

Yeehaw for the supreme court. Put the murders where they belong. Cruel and unusual punishment is what these animals did to their victims. Lethal Injection is too good for them.

Posted by grandmamu

Murderers are not animals - they''re subhumans, animals are far better then murderers.

Having said that I do not believe in the death penalty. It was abolished in the ''60''s in Britain because of a couple of cases where, in hindsight, obviousl innocent men were hanged. I''m a firm believer in the "It''s better to let 100 murderers go free than for 1 innocent man to be executed."

[bigot3]

notmudrose, bite me. If Clinton and his gang had done the job correctly back in the 90''s, we wouldn''t be in Afghanistan now and Iraq would have returned to normal 3 years ago. Thanks, Bill. While you were getting blown, Bin Laden got away.

[ioweign]

The Chinese use a single bullet to the back of the head and the family pays the bill for the bullet. Compare that to lethal injection, the expense and the failure of it at times and a bullet is the more humane and cheaper way to go.

Posted by kennedy7955 at 10:51 AM : Apr 16, 2008

You should have known it was all about Big Pharma - expensive to live with them and expensive to die with them. And they wonder why there is crime...

[prestongirl]

I am educated, and I am aware, but that doesn''t stop me from believing in the bullet approach. The costs we pay for those to sit in prison is absurd but you go right on ahead and hold those murderers hands and let them be the criminals they are...hey parrot123 maybe you could tell them they are naughty and should never do it again.... because that works so well....hello how many are repeat offenders....could not be a repeat offender if they were dead.
Hey you know what - lifers should be executed as well. Parrot123- you are so right, they cost us a lot money - so line them up too. And you can take you liberal self to a country that doesn''t believe in capital punishment.

[consciousnes]

What is the hold up? ALL of these people on death row obviously murdered someone. Did they ask the person if it hurt when they were killing them? Why is it necessary to worry about these people when the victums are not even mentioned?
THIS IS EXACTLY WHY WE HAVE SO MUCH CRIME ! ! ! !
If they have been convicted and ALL their appeals have been denied, then just do it.
Why does a guilty person have more right than the victom?

[auntieconnie]

YESSSSSSSSSSS Now lets get it done. I really done care if there is pain. The people that they killed felt pain. So why shouldn''t they feel it. I still say kill the in the same order as they did the victims. And don''t waste time doing it. I know a man in Ga. on death roll. that beat my cousin in the head with a hammer while he was eating cake. He has been there over 20 years. Still waiting for his date. My cousin in cold in the ground.

[jackp32]

Let''s get on with it. Time for the scum on death row to meet their maker.

[andor3]

"andor3: If it is "illegal", then what about the actions of the guilty. Are you suggesting that all of the guilty are innocent?"

Cruel an unusual punishment is illegal in the USA, and always has been. It is one of the basic principles of the nation, right there with freedom of speech. Try to grasp this: the government is never allowed to hand out cruel and unusual punishment, no matter what the crime is.

The only question is what is cruel and unusual. But if something is cruel and unusual, it is off limits.

[harrydoghiny]

4 Justices "agreed with the outcome" but Roberts opinion only garnered 3 votes? ***?

[andor3]

mjlewis6 said: "Everyone seems to be a stones throw away from judgment themself. Murder by one or murder by a group is still murder"

yes, well said. and murders are no different from any of us. trying to call them subhuman or different is denial that all of us are potential murderers. the most vocal supporters of the death penalty shout loud to try to drown out that big dark voice inside themselves--that is what they really want to kill.

[shawnp1968]

Firing squad is faster & cheaper!!! The inmate next in line to be executed should be responsible for any cleanup!!!

[billorights]

Murder by one or murder by a group is still murder. Whether agreed to or not, by a group or a professional, the misuse of the death penalty for justice or for reluctant mothers for abortion with a doctor...the result is the same....death rendered by intention to cause death of a viable human being.....is murder. - Posted by mjlewis6 at 01:10 PM : Apr 16, 2008

Wrong. Murder is a legal term. None of your examples fit the definition of murder. There is nothing unlawful about the state sanctioned execution of a condemned prisoner found guilty of a capital offense through due process of law. Nor is there anything unlawful about abortion, which a woman may rightfully choose, usually with great difficulty and for a variety of reasons, many of which often have nothing to do with becoming a reluctant mother.

Murder: The unlawful intentional killing of another human being without justification or excuse.

[samthetvcat]

"CBS News correspondent Wyatt Andrews"

Did they finally can that Andrew Cohen dude? He''s never right about anything - I don''t see how anybody could have missed accurately predicting this ruling the way he did . . . why else does the Sup. Ct. grant certiorari on issues twice in such a short time except to limit the breadth of their prior landmark rulings. They never do it to broaden it even more - they''re WAY too busy.

[lindaredtail]

Hey Bigot3. More than one President didn''t do what they should have to get Bin Laden. His extremism was known at least back to Bush1 and maybe Reagan. Bush2 also let him get away in Afghanistan by not sending American troops into Tora Bora instead depending on a Pashtun alliance. Go into the Sixty Minute Archives from the beginning of the war. There you will find Pashtun tribesmen who were part of the force searching for Osama Bin Laden being clearly translated as praying out loud for his escape. Bush2 is just as guilty. Until he is found the victims of 9/11 will never really have justice.