US Supreme Court rejects Oklahoma prisoners' appeal against execution by lethal injection

June 30, 2015

The US Supreme Court has declined an appeal from death-row inmates in Oklahoma, who argued that the state’s use of a controversial drug in executions was a form of “cruel and unusual punishment” banned by the Constitution.

The inmates had questioned the use of a sedative called midzolam in executions done by lethal injection. Witnesses have reported that criminals executed with the use of the drug appeared to be suffering pain before they died. But by a 5-4 vote, the justices ruled that the plaintiffs had not demonstrated that the convicts were in pain, now shown that another method of execution would be preferable.

In a lengthy dissenting opinion, Justice Stephen Breyer—joined by Justice Ruth Bader Ginsburg—argued that the Supreme Court should take up the question of whether all executions violate the 8th amendment guarantee against cruel and unusual punishment. Justices Antonin Scalia and Clarence Thomas, who had joined in the majority opinion, replied that the Constitution leaves the question of capital punishment in the hands of state legislatures.

 

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Further information:

• Supreme Court upholds lethal injection procedure (Washington Post)