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WASHINGTON Justice Elena Kagan cast her first vote on the Supreme Court late Tuesday, joining the liberals in dissent when the high court cleared the way for the execution of an Arizona murderer.
The 5-4 ruling overturned orders by a federal judge in Phoenix and the U.S. 9th Circuit Court of Appeals in San Francisco that had stopped the execution by lethal injection of Jeffrey Landrigan.
His lawyers, in a last-ditch appeal, had raised questions about one of the drugs used in the execution. Since the only U.S. manufacturer of sodium thiopental had suspended production, Arizona officials said they had obtained a supply of the drug from a British company.
"There is no evidence in the record to suggest that the drug obtained from a foreign source is unsafe," the justices said, and "speculation cannot substitute for evidence that the use of the drug is 'sure or very likely to cause serious illness and needless suffering'."
"There is no evidence in the record to suggest that the drug obtained from a foreign source is unsafe," the justices said, and "speculation cannot substitute for evidence that the use of the drug is 'sure or very likely to cause serious illness and needless suffering'."
Thats pretty much all that needs to be said.
No legal grounds to stay the execution.
He was put to death by lethal injection Tuesday evening shortly after the court's order was handed down. Witnesses reported Landrigan appeared to die quietly and with no apparent sign of pain.
Poor murderer, I wonder if Chester Dean Dyer felt any pain?
"There is no evidence in the record to suggest that the drug obtained from a foreign source is unsafe," the justices said, and "speculation cannot substitute for evidence that the use of the drug is 'sure or very likely to cause serious illness and needless suffering'."
Thats pretty much all that needs to be said.
No legal grounds to stay the execution.
This was a 5-4 decision - it was not just Justice Kagan who felt the execution should be stayed.
He was put to death by lethal injection Tuesday evening shortly after the court's order was handed down. Witnesses reported Landrigan appeared to die quietly and with no apparent sign of pain.
The fact that a condemned person "appears to die quietly" during a lethal injection excution, does not necessarily mean that he actually does "die quietly." The argument is, that the drugs that are supposed to pre-sedate, do not do a sufficient job. They only put the person under so that they appear to be out, but they are not. Then, when the killer drug hits their heart, they feel horrible pain. The pre-sedation drugs prevent the person from giving outward sign of pain - but he very much feels it. That's the argument.
I can personally attest to something similar. On more than one occasion, I have been given a drug that is supposed to knock you out. It didn't. I awakened in the middle of the procedure and experienced extreme pain. I was unable to indicate such to the doctor, however, due to the effects of the drug that had been given to me. In other words, it did not knock me completely out, but it did prevent my telling the doctor I was feeling pain.
Ever see that movie, The Green Mile...?
I know nothing about this particular medicine or this particular case, but the point is we do have standards of humane treatment...
Needless suffering...there is that troubling history we have of not meting out cruel and unusual punishment.Thats pretty much all that needs to be said."There is no evidence in the record to suggest that the drug obtained from a foreign source is unsafe," the justices said, and "speculation cannot substitute for evidence that the use of the drug is 'sure or very likely to cause serious illness and needless suffering'."
No legal grounds to stay the execution.
What a surprise, she's a liberal hack who wanted to stay the execution of a murderer. Not because of any evidence that he might be innocent, but because of 'health concerns' over the drug being used to kill him.
Thats pretty much all that needs to be said.
No legal grounds to stay the execution.
This was a 5-4 decision - it was not just Justice Kagan who felt the execution should be stayed.
He was put to death by lethal injection Tuesday evening shortly after the court's order was handed down. Witnesses reported Landrigan appeared to die quietly and with no apparent sign of pain.
The fact that a condemned person "appears to die quietly" during a lethal injection excution, does not necessarily mean that he actually does "die quietly." The argument is, that the drugs that are supposed to pre-sedate, do not do a sufficient job. They only put the person under so that they appear to be out, but they are not. Then, when the killer drug hits their heart, they feel horrible pain. The pre-sedation drugs prevent the person from giving outward sign of pain - but he very much feels it. That's the argument.
I can personally attest to something similar. On more than one occasion, I have been given a drug that is supposed to knock you out. It didn't. I awakened in the middle of the procedure and experienced extreme pain. I was unable to indicate such to the doctor, however, due to the effects of the drug that had been given to me. In other words, it did not knock me completely out, but it did prevent my telling the doctor I was feeling pain.
You're arguing the pros and cons of the death penalty.
I'm saying in this instance there was no legal grounds to stay the execution based upon the evidence given by the defense attorneys.
I'm actually against the death penalty, but in this case the reasons given by the defense attorneys was a non-starter. SCOTUS did the right thing.
Needless suffering...there is that troubling history we have of not meting out cruel and unusual punishment.Thats pretty much all that needs to be said."There is no evidence in the record to suggest that the drug obtained from a foreign source is unsafe," the justices said, and "speculation cannot substitute for evidence that the use of the drug is 'sure or very likely to cause serious illness and needless suffering'."
No legal grounds to stay the execution.
