Congressional Digest

Supreme Court Debates March 2008 No. 3 Vol. 11
Ralph Baze and Thomas C. Bowling

Lethal Injections

Constitutionality of the Three-Drug Protocol for Execution

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Ralph Baze and Thomas C. Bowling

Petitioners

David M. Barron, Counsel of Record Ralph Baze is on Kentucky’s death row for murderingtwo State law enforcement officers. Thomas C. Bowling received a death sentencefor shooting and killing a husband and wife and seriously wounding their2-year-old child. On August 9, 2004, Baze and Bowling filed suit against theState’s penitentiary warden, Department of Corrections commissioner, andgovernor, contending that Kentucky’s lethal injection procedure constitutedcruel and unusual punishment, forbidden by the Eighth Amendment to the U.S.Constitution. After a trial, a State circuit court judge ruled that thethree-drug lethal-injection protocol used by Kentucky was constitutional. Bazeand Bowling appealed, and on November 22, 2006,…

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