Skip to main content

Supreme Court Allows Lethal Injection for Execution


The Supreme Court on Wednesday upheld Kentucky’s method of putting criminals to death by lethal injection, not only clearing the way for Kentucky to resume executions but ending an unofficial moratorium in the 35 other states that have the death penalty। However one justice predicted that the ruling would not end disputes over lethal injection and could reignite the debate over capital punishment itself.


By 7 to 2, the court rejected challenges to the Kentucky execution procedure brought by two death-row inmates, holding that they had failed to show that the risks of pain from mistakes in an otherwise “humane lethal execution protocol” amounted to cruel and unusual punishment, which is banned by the Constitution.

The prisoners had contended that the three-drug procedure used on death row — one drug each to sedate, paralyze and end life — was unconstitutional, and that in any event there were strong indications that Kentucky had bungled some executions, creating unnecessary pain for the condemned. Through their lawyers, they maintained that problems could be largely solved by administering a single overwhelming dose of a barbiturate, as opposed to the three-drug procedure.

The prisoners’ challenge had implications far beyond Kentucky. Of the 36 states with the death penalty, all but Nebraska, which uses the electric chair, rely on the same three-drug procedure that Kentucky uses. So does the federal government. Now, with the Kentucky challenge disposed of, other states that had set aside executions seem poised to begin them again.

Gov. Tim Kaine of Virginia quickly announced that his state would lift its moratorium on executions, and the Rev. Pat Delahanty, head of the Kentucky Coalition to Abolish the Death Penalty, said, “We’re going to be facing some executions soon,” The Associated Press reported.

Executions across the country have been on hold since last September, when the Supreme Court decided to take the Kentucky case. About two dozen executions did not go forward as scheduled while the case was pending, death penalty opponents told the A.P. Because pre-execution procedures can be time-consuming, there was no immediate way to gauge how quickly they might resume. One prisoner who could be facing death soon, in view of the Governor Kaine’s remarks, is Edward Bell, who is on Virginia’s death row for killing a Winchester police officer. Mr. Bell’s execution had been set for April 8.

In a decision written by Chief Justice John G. Roberts Jr., which weighed the Kentucky prisoners’ claims that they faced an unacceptably high risk of suffering at the hands of their executioners, the court concluded that “Kentucky’s continued use of the three-drug protocol cannot be viewed as posing an ‘objectively intolerable risk’ when no other state has adopted the one-drug method and petitioners have proffered no study showing that it is an equally effective manner of imposing a death sentence.”

The prisoners who brought the challenge were Ralph Baze, who killed a sheriff and a deputy who were trying to serve him with a warrant, and Thomas C. Bowling, who killed a couple whose car he had damaged in a parking lot.

The procedure that they challenged uses a barbiturate, then pancuronium bromide, a paralyzing agent, followed by potassium chloride, which stops the heart and brings about death — but with terrible pain if the barbiturate does not work as intended, the condemned men’s lawyers maintained. And because of the paralyzing agent, a prisoner could appear peaceful and relaxed even while suffering, they argued.

Lawyers for the prisoners contended that the barbiturate-only method is widely used by veterinarians, who are barred in many states from using the same paralyzing agent employed in executing people. But the court rejected that argument, stating that “veterinary practice for animals is not an appropriate guide for humane practices for humans.” The six justices who concurred in the judgment — with varying degrees of agreement — were Anthony M. Kennedy, Samuel A. Alito Jr., John Paul Stevens, Antonin Scalia, Clarence Thomas and Stephen G. Breyer.

Alluding to the Eighth Amendment’s prohibition of cruel and unusual punishment, the court said history leads to the conclusion that “an execution method violates the Eighth Amendment only if it is deliberately designed to inflict pain,” a standard that bars disemboweling, burning alive and other excruciating ways of bringing about death. “Judged under that standard, this is an easy case,” the court held.

But the deliberations were not easy, if the number of opinions is any indicator. Although seven members concurred in the judgment of the court, only Justices Kennedy and Alito (who filed a concurring opinion of his own) joined Chief Justice Roberts’s opinion. Justices Scalia and Thomas joined each other’s concurring opinions.

Justices Ruth Bader Ginsburg and David H. Souter dissented from the court’s judgment. “I would not dispose of the case so swiftly given the character of the risk at stake,” Justice Ginsburg wrote, declaring that she would have sent the case back to the Kentucky courts for further scrutiny of the condemned men’s claims.

Perhaps most interestingly, Justice Stevens filed an opinion concurring in the judgment of the court, but by no means embracing capital punishment. Indeed, he asserted that recent decisions by state legislatures, Congress and the Supreme Court itself to preserve the death penalty “are the product of habit and inattention rather than an acceptable deliberative process that weighs the costs and risks” of the ultimate punishment.

Justice Stevens noted that in the 1976 decision in which the Supreme Court upheld the constitutionality of capital punishment, Gregg v. Georgia, the court declared that “three societal purposes” justified the death penalty: “incapacitation, deterrence and retribution.”

“In the past three decades, however, each of these rationales has been called into question,” Justice Stevens said. The possibility of a life sentence without parole, he said, has often caused people to soften their positions in favor of inflicting death.

“Full recognition of the diminishing force of the principal rationales for retaining the death penalty should lead this court and legislatures to re-examine” the ultimate question, Justice Stevens wrote, using a phrase used by a former Texas prosecutor and judge: “Is it time to kill the death penalty?”

Coming from Justice Stevens, those words could be especially significant. The justice (who will turn 88 on Sunday) was one of the seven justices who voted in 1976 to uphold capital punishment. Since then, he has heard many challenges to various aspects of the death penalty and the “evolving standards of decency” often invoked by its opponents. In 2002, Justice Stevens was in the majority as the court ruled that mentally retarded killers could not be executed, and in 2005 he was in the majority as the court banned the death penalty against juvenile offenders.

Deborah Denno, a Fordham University law professor, said further death-penalty litigation is all but certain in light of the court’s “heavily splintered” opinions on Wednesday, in part because the court recognized that “a risk of harm can qualify as an Eighth Amendment violation.”

On Wednesday, after handing down their opinions in the Kentucky case, the justices heard arguments in a death penalty case from Louisiana. The question was whether the Constitution allows capital punishment for the rape of a child who is not killed.

Source : The New York Times

Comments

Most viewed (Last 7 days)

Florida | Tampa Bay man who killed wife, 3 family members sentenced to die

Shelby Nealy will be executed by the state for bludgeoning his wife’s family to death in 2018, a judge decided Friday. During a two-week sentencing trial in July, jurors heard how Nealy, 32, ended a volatile relationship with his second wife by killing her, then murdered her parents and brother a year later in an effort to never be caught. He pleaded guilty to the crimes in 2023. On July 25, the jury of three men and nine women deliberated for about two hours and voted 11-1 that Nealy should be sentenced to death. He stared straight ahead as the verdict was read.

Texas | Death Sentence Overturned After 48 Years

The Court of Criminal Appeals ruled Thursday that Clarence Jordan’s punishment was unconstitutional  A death sentence handed down by a Harris County jury in 1978 was overturned Thursday by the Court of Criminal Appeals.  Clarence Jordan, 70, has been on Texas Death Row for almost 50 years, serving out one of the longest death sentences in the nation while suffering from intellectual disabilities and schizophrenia, his attorney told the Houston Press. 

US AG Authorizes Federal Prosecutors to Seek Death Penalty for Three LA Gangsters Charged with Murder

Acting U.S. Attorney General Todd Blanche has directed federal prosecutors in Los Angeles to seek the death penalty against three members of a transnational street gang charged with murdering a former gang member who was cooperating with law enforcement on a racketeering and methamphetamine trafficking case, officials announced Thursday. In a letter to First Assistant U.S. Attorney Bill Essayli on Wednesday, Blanche told prosecutors in the Central District of California they are “authorized and directed” to seek the death penalty against Dennis Anaya Urias, 27, Grevil Zelaya Santiago, 26, and Roberto Carlos Aguilar, 31. All are from South Los Angeles.

Florida Schedules Two Executions for Late April

TALLAHASSEE, Fla. — Governor Ron DeSantis has directed the Florida Department of Corrections to move forward with two executions scheduled for late April 2026, marking a significant ramp-up in the state's use of capital punishment. The scheduled deaths of Chadwick Willacy and James Ernest Hitchcock follow a series of landmark judicial rulings that have kept both men on death row for decades.

Texas appeals court says another man's confession not enough to reconsider Broadnax execution

The Texas Court of Criminal Appeals said Tuesday it won't consider another man's confession as a reason to pause a scheduled lethal injection in three weeks. James Broadnax was convicted of murdering two Christian music producers in Garland, but his cousin, Demarius Cummings, recently confessed that he was the shooter. University of Texas School of Law Capital Punishment Clinic professor Jim Marcus said the appeals court acts as a gatekeeper for cases meeting criteria to get back in court.

Saudi Arabia | Seven executed for drug trafficking

Saudi authorities executed seven people who had been convicted of drug trafficking in a single day, state media says. The Saudi Press Agency says five Saudis and two Jordanians were found guilty of trafficking amphetamine pills into the kingdom. “The death penalty was carried out as a discretionary punishment against the perpetrators,” the agency reports, adding that the executions took place on Sunday in the Riyadh region. Since the beginning of 2026, Riyadh has executed 38 people in drug-related cases, the majority of the 61 executions carried out, according to an AFP tally based on official data.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Singapore executes man for trafficking 1kg of cannabis

SINGAPORE — Singaporean authorities executed Omar bin Yacob Bamadhaj at Changi Prison on Thursday, April 16, 2026, following his 2019 conviction for importing 1,009.1 grams of cannabis. Bamadhaj, 41, though some reports have cited his age as 46, was arrested on July 12, 2018, during a routine search at the Woodlands Checkpoint. Officers discovered the narcotics wrapped in plastic and hidden within his vehicle as he attempted to enter Singapore from Malaysia.  Under the Misuse of Drugs Act, the threshold for the mandatory death penalty involving cannabis is 500 grams, a limit this shipment exceeded by more than double.

Former FedEx driver pleads guilty to killing 7-year-old girl after making delivery at her Texas home

FORT WORTH, Texas — Tanner Lynn Horner, a former contract delivery driver for FedEx, pleaded guilty Tuesday to the 2022 capital murder and aggravated kidnapping of 7-year-old Athena Strand, a move that abruptly shifted the proceedings into a high-stakes punishment phase where jurors will decide between life imprisonment and the death penalty. Horner, 34, entered the plea in a Tarrant County courtroom as his trial was set to begin. The case was moved to Fort Worth from neighboring Wise County last year after defense attorneys argued that pretrial publicity would prevent a fair trial in the community where the girl disappeared.

North Carolina | “Incapable to proceed”: man who killed Ukrainian refugee Iryna Zarutska ruled incompetent

DeCarlos Brown, accused of stabbing Ukrainian refugee Iryna Zarutska on a Charlotte train, has been found mentally unfit for trial, stalling death penalty proceedings. DeCarlos Brown Jr., accused of fatally stabbing 23-year-old Ukrainian refugee Iryna Zarutska on a Charlotte light rail train in August 2025, has been found mentally incapable of standing trial, according to a court motion filed 7 April in Mecklenburg Superior Court. A 29 December 2025 report from Central Regional Hospital, a state psychiatric facility in Granville County, concluded that Brown was "incapable to proceed to trial," according to the motion filed by his attorney, Daniel Roberts. The evaluation was ordered after Brown's defense raised concerns about his mental state.