"When an inmate contends that a state’s method of execution violates the Eighth Amendment... he must show that there is an alternative method of execution that would 'significantly reduce a substantial risk of severe pain'..."
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"... but that the state has – for no good reason – refused to adopt. This requirement applies, Gorsuch explained [writing for the majority of the Supreme Court], even though Bucklew is only challenging the constitutionality of the state’s use of lethal injection to execute him, rather than the constitutionality of lethal injection more generally.... In this case... Bucklew had made only a 'bare-bones proposal' to use death by nitrogen gas, depriving the body of oxygen, as an alternative to lethal injection. In Gorsuch’s view, that proposal 'falls well short' of showing that the alternative could be 'readily implemented' because Bucklew had not offered any evidence on what Gorsuch deemed 'essential questions': 'how nitrogen gas should be administered (using a gas chamber, a tent, a hood, a mask, or some other delivery device); in what concentration (pure nitrogen or some other mixture of gases); how quickly and for how long it should be introduced; or how the State might ensure the safety of the execution team, including protecting them against the risk of gas leaks.'... Justice Clarence Thomas filed a concurring opinion in which he reiterated that, in his view, a method of execution only violates the Eighth Amendment’s ban on cruel and unusual punishment if it is 'deliberately designed to inflict pain.'"
From "Opinion analysis: Divided court rejects lethal-injection challenge by inmate with rare medical condition" by Amy Howe (at SCOTUSblog).
Terima kasih karena telah membaca informasi tentang "When an inmate contends that a state’s method of execution violates the Eighth Amendment... he must show that there is an alternative method of execution that would 'significantly reduce a substantial risk of severe pain'..." . Silahkan membaca berita lainnya.
"... but that the state has – for no good reason – refused to adopt. This requirement applies, Gorsuch explained [writing for the majority of the Supreme Court], even though Bucklew is only challenging the constitutionality of the state’s use of lethal injection to execute him, rather than the constitutionality of lethal injection more generally.... In this case... Bucklew had made only a 'bare-bones proposal' to use death by nitrogen gas, depriving the body of oxygen, as an alternative to lethal injection. In Gorsuch’s view, that proposal 'falls well short' of showing that the alternative could be 'readily implemented' because Bucklew had not offered any evidence on what Gorsuch deemed 'essential questions': 'how nitrogen gas should be administered (using a gas chamber, a tent, a hood, a mask, or some other delivery device); in what concentration (pure nitrogen or some other mixture of gases); how quickly and for how long it should be introduced; or how the State might ensure the safety of the execution team, including protecting them against the risk of gas leaks.'... Justice Clarence Thomas filed a concurring opinion in which he reiterated that, in his view, a method of execution only violates the Eighth Amendment’s ban on cruel and unusual punishment if it is 'deliberately designed to inflict pain.'"
From "Opinion analysis: Divided court rejects lethal-injection challenge by inmate with rare medical condition" by Amy Howe (at SCOTUSblog).
Terima kasih karena telah membaca informasi tentang "When an inmate contends that a state’s method of execution violates the Eighth Amendment... he must show that there is an alternative method of execution that would 'significantly reduce a substantial risk of severe pain'..." . Silahkan membaca berita lainnya.
"When an inmate contends that a state’s method of execution violates the Eighth Amendment... he must show that there is an alternative method of execution that would 'significantly reduce a substantial risk of severe pain'..."
!["When an inmate contends that a state’s method of execution violates the Eighth Amendment... he must show that there is an alternative method of execution that would 'significantly reduce a substantial risk of severe pain'..."]()
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