Res Ipsa Blog

Today, in a 7-2 decision, the Supreme Court held that lethal injections do not violate the Constitution. Writing for the plurality in Baze v. Rees, Chief Justice Roberts stated merely “showing a slightly or marginally safe alternative” was not enough to successfully challenge the method of execution. Instead, there must be proof that the alternate method prevents a “substantial risk of serious harm”

As Justice Stevens pointed out, the issue before the Court was not whether the death penalty itself was unconstitutional, rather only whether the sodium thiopental injection used by Kentucky was unconstitutional or not.

Held: The lethal injection method used by Kentucky did not violate the Constitution.

Plurality Opinion: Roberts, joined by Alito, and Kennedy. Joining in the result: Stevens, Scalia, Thomas, and Breyer

Dissent: Ginsberg and Souter.

More information about the case can be found here.

Written by Benson Varghese. ♦ Contact Benson.♦ Have Res Ipsa Blog delivered to you.