Thursday, October 1, 2015


Three months ago, SCOTUS ruled that Oklahoma's method of execution, a questionably ineffective drug cocktail that did not cause the person to become insensate to pain before the fatal drug was administered, did not violate the Eighth Amendment. That was Glossip v. Gross.

Back to death row for Richard Glossip, who was scheduled to be executed tonight. But he was granted a reprieve because . . . Oklahoma had ordered the wrong drugs.

Dissenting in Glossip was Justice Breyer, who eloquently dissected the pro-death arguments. He then denounced the death penalty as unconstitutional.

This term, the Court has granted cert in five capital cases. The Carr and Gleason cases are from Kansas. Hurst v. Florida is also on the docket, and the wide-spread belief is that the deeply-divided Court will declare the Florida scheme unconstitutional.    

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