Was There Any Doubt?
Now this was one decision I knew would set
the current Supreme Court back in line with
their far right wing decision. You can best
believe that a lot of conservatives are breathing
a sigh of relief.
A national drive to halt the death penalty met defeat at the Supreme Court on Wednesday when the justices ruled that lethal injections, if properly administered, were a humane means of executing a condemned prisoner.
By a surprisingly large 7-2 margin, the court rejected a constitutional attack on the main method of carrying out the death penalty across America. Its ruling cleared the way for executions to resume in several states after a seven-month delay.
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Since October, officials and judges in those states -- including California -- have put executions on hold while awaiting the outcome of the Kentucky case decided Wednesday. Gov. Arnold Schwarzenegger said the ruling "supports California's lethal-injection protocol" and should allow executions in the state to resume.
The court's opinion, by Chief Justice John G. Roberts Jr., confirmed that there was strong support for the death penalty among the justices, and an unwillingness to tolerate endless delays.
"We begin with the principle . . . that capital punishment is constitutional. It necessarily follows that there must be a means of carrying it out," Roberts wrote.
"Some risk of pain is inherent in any method of execution -- no matter how humane -- if only from the prospect of error in following the required procedure."
Roberts said the court would not allow a theoretical risk that a future execution could be botched to stand in the way of carrying out the death penalty.
He also set a high bar for future challenges to carrying out the death penalty. To halt an execution, defense lawyers must show that there is a "substantial risk" that the condemned prisoner will suffer "severe pain," the chief justice said. And they have yet to provide such evidence, he added.
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