Congressional Digest

Supreme Court Debates March 2008 No. 3 Vol. 11
Opinion of the Court

Lethal Injections

Constitutionality of the Three-Drug Protocol for Execution

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Opinion of the Court

Kentucky’s lethal injection method of capital punishment is not cruel and unusual punishment prohibited by the U.S. Constitution

Baze v. Commonwealth of Kentucky Department of Corrections — This case was granted certiorari on September 25, 2007, and was affirmed on April 16, 2008. In a 7-to-2 decision, the Court held that Kentucky’s lethal injection method of capital punishment is not “cruel and unusual punishment” prohibited by the U.S. Constitution. Featured in Lethal Injections, Sup. Ct. Debates (Mar. 2008).             The following is excerpted from the summary of the majority opinion written by Chief Justice Roberts, as prepared by the Court Reporter of Decisions: To constitute cruel and unusual punishment, an executionmethod must present a “substantial or “objectively intolerable…

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