Skip to main content

Death Penalty Abolitionists Optimistic After SCOTUS Ruling

On Monday, the Supreme Court ruled that the use of midazolam in lethal injections does not constitute cruel and unusual punishment, despite its use in a spate of botched executions. But death penalty abolitionists remain hopeful in the bigger fight to end capital punishment altogether.

Handing down the majority opinion in Glossip v. Gross, Justice Samuel Alito asserted states must have access to means of execution:

"Our decisions in this area have been animated in part by the recognition that because it is settled that capital punishment is constitutional, "[i]t necessarily follows that there must be a [constitutional] means of carrying it out." And because some risk of pain is inherent in any method of execution, we have held that the Constitution does not require the avoidance of all risk of pain. After all, while most humans wish to die a painless death, many do not have that good fortune. Holding that the Eighth Amendment demands the elimination of essentially all risk of pain would effectively outlaw the death penalty altogether.

Although his statement is alarming, it does not mean that midazolam - and the death penalty itself - can't be fought in the future.

In Oklahoma, Clayton Lockett writhed in pain for 43 minutes when midazolam was administered, and Joseph Rudolph Wood similarly gasped for close to an hour. Should another botched execution occur in the future, plaintiffs may be able to fight the drug's use on other grounds.

"I would fully expect that petitioners in state and federal courts will continue to challenge methods that they have reason to believe may cause torture. The court was very clear in this case to say that its finding that midazolam was OK was in the context of what the lower court had found," Director Cassandra Stubbs of the ACLU Capital Punishment Project told ThinkProgress. "But that does not mean that's the outcome we should expect in future cases, with respect to whether or not midazolam is likely to cause pain. Midazolam has no business in lethal injection protocols. We know that it cannot do what it's supposed to do."

"The reality is that this drug doesn't do what it's supposed to do," echoed Executive Director Diann Rust-Tierney of the National Coalition to Abolish the Death Penalty (NCADP). "There's ample scientific evidence to support that. Hopefully, state officials will act responsibly and address the gap between what is asserted the drug does and what every expert says it does."

Moreover, the dissent penned by Justice Breyer and joined by Justice Ginsburg points to the unconstitutionality of the death penalty itself, and gives abolitionists serious reason to stay optimistic. Breyer wrote:

Today's administration of the death penalty involves three fundamental constitutional defects: (1) serious unreliability, (2) arbitrariness in application, and (3) unconscionably long delays that undermine the death penalty's penological purpose. Perhaps as a result, (4) most places within the United States have abandoned its use. I believe it highly likely that the death penalty violates the Eighth Amendment. At the very least, the Court should call for full briefing on the basic question ... For it is those changes, taken together with my own 20 years of experience on this Court, that lead me to believe that the death penalty, in and of itself, now likely constitutes a legally prohibited "cruel and unusual punishmen[t].

Stubbs and Rust-Tierney interpret that skepticism as a sign that the death penalty may come under intense scrutiny in the future.

"The ACLU Capital Punishment Project represents defendants in a number of states. We will continue to advocate on their behalf. We have and will continue to look closely at arguments that the death penalty is unconstitutional under various state constitutions, and look for opportunities to put forth the kind of evidence that we saw in the dissent," Stubbs concluded.

And with public support for the death penalty on the decline, NCADP hopes to direct capital punishment opponents towards the 90 Million Strong Campaign to halt all executions - a campaign backed by a number of influential organizations, including the NAACP, Amnesty International, the National LGBTQ Task Force, and Alliance for Justice.

"States are continually on a quest to find a way of killing people that complies with the Constitution. At one point they thought the electric chair would do it; at one point they thought the gas chamber would. Now lethal injection is proving to be as problematic as all the others," Rust-Tierney explained. "Our focus is continuing to educate the public and continuing to empower the people who know this is the wrong thing. We're going to be working state by state to take this to legislators and the people.

"As Justice Breyer points out, all the evidence suggests it's time to finally end the death penalty, because it's not serving a penological purpose. It's not enhancing public safety. "

Source: thinkprogress.org, June 29, 2015


Justice Samuel Alito: Death Is Often Painful, So Why Shouldn't Lethal Injection Be?

Opponents of capital punishment have long hoped that export restrictions on standard lethal injection drugs would either cause courts to find lethal injections unconstitutional or force states to stop performing them altogether. The Supreme Court's 5-4 decision in Glossip v. Gross on Monday casts these hopes into doubt. Writing for the majority, Justice Samuel Alito found that current lethal injection drugs, however unreliable, must be constitutional because lethal injection is itself constitutional:

Our decisions in this area have been animated in part by the recognition that because it is settled that capital punishment is constitutional, "[i]t necessarily follows that there must be a [constitutional] means of carrying it out." And because some risk of pain is inherent in any method of execution, we have held that the Constitution does not require the avoidance of all risk of pain. After all, while most humans wish to die a painless death, many do not have that good fortune. Holding that the Eighth Amendment demands the elimination of essentially all risk of pain would effectively outlaw the death penalty altogether.

Put simply, the questionable efficacy of drug cocktails now used for lethal injection is, in Alito's view, not cruel and unusual because death itself is essentially cruel and unusual. While these drugs may leave inmates vulnerable to excruciating pain during their executions, Alito does not find this outcome to differ enough from typical deaths to consider it relatively cruel or unusual.

Which raises a question: If death is by nature often cruel and, for each individual person, quite unusual, then perhaps the state has no business carrying it out?

While the court's decision was ultimately disappointing, justices Stephen Breyer and Ruth Bader Ginsburg each expressed belief in their dissenting opinions that the death penalty is entirely unconstitutional, which may lend some hope to advocates campaigning against capital punishment. In the meantime, Alito's decision holds that, because the death penalty is constitutional for the time being, inmates hoping for less cruel deaths must produce better methods of taking their own lives, or die by the uncertain methods currently available.

Source: New Republic, June 29, 2015

Report an error, an omission: deathpenaltynews@gmail.com

Most viewed (Last 7 days)

Tennessee | Questions Raised About the Doctor Who Was Overseeing Tony Caruthers’ Execution

Mark Fowler, according to a deposition, had not placed a central line in a patient for more than a decade when he attempted to put one in Carruthers Around 11 a.m. Thursday morning in the execution chamber at Riverbend Maximum Security Institution in Nashville, a medical doctor stepped in and attempted to place a central IV line in Tony Carruthers’ chest. By that point, the prison staff had spent some 30 minutes trying unsuccessfully to insert a backup IV line that would allow them to proceed with the lethal injection. According to Carruthers’ attorney Maria DeLiberato, who was in the room, after asking a staff member to attempt inserting a line through Carruthers’ jugular vein, the doctor moved on to the central line, which is identified as the last resort in Tennessee’s lethal injection protocol .

EU GSP+ Reform: Will Brussels Finally Enforce Its Own Conditions on Pakistan?

The EU has tightened the rules governing GSP+ trade preferences, but Pakistan’s record raises a harder question: whether Brussels is prepared to suspend market access when a major beneficiary fails to demonstrate sustained compliance with human rights, labour and governance obligations. The European Union has formally adopted revised rules for its Generalised Scheme of Preferences, strengthening the conditions attached to preferential market access for developing countries. The new framework will apply from 1 January 2027 and is intended to tighten monitoring, widen the list of international conventions, and make suspension of benefits easier in cases of serious violations.

Florida executes Richard Knight

Man convicted of killing a woman and her 4-year-old daughter is executed in Florida  A Florida man convicted of fatally stabbing his cousin’s girlfriend and the couple’s 4-year-old daughter was put to death Thursday evening, becoming the 7th person executed by the state this year.  Richard Knight, 47, was pronounced dead at 6:13 p.m. following a 3-drug injection at Florida State Prison near Starke. Knight was convicted of 2 counts of 1st-degree murder in the June 2002 killings of Odessia Stephens and her daughter, Hanessia Mullings.  The curtain of the death chamber went up promptly at the scheduled 6:00 p.m. execution time. Knight was already strapped down with his arms extended and an IV line in place. 

Iran executes Esma Zarei in Ardabil Prison after she gave birth in custody

Hengaw – Saturday, May 23, 2026. Iranian authorities have executed Esma Zarei, a 28-year-old Turkish woman from Parsabad in Ardabil Province, who had previously been sentenced to death on charges of “premeditated murder” in connection with the killing of her husband. She is the sixth woman executed in Iran since the beginning of 2026. According to information received by Hengaw Organization for Human Rights, Zarei was executed at dawn on Wednesday, May 20, 2026, in Ardabil Central Prison. She had been sentenced to qisas (retribution-in-kind) after being convicted of her husband’s murder.

Tennessee fails to execute Tony Carruthers after IV difficulties. State won't try again for a year

NASHVILLE, Tenn. (AP) — Tennessee officials on Thursday called off the lethal injection of Tony Carruthers, who was convicted of kidnapping and murdering three people in 1994, after his executioners tried and failed for over an hour to establish an intravenous line. Gov. Bill Lee announced soon afterward that the state would not try again for at least a year. In a written statement, the Tennessee Department of Corrections said medical personnel had quickly established a primary IV line but were unable to find a suitable vein for a backup line as required by the state’s execution protocol. Efforts to insert a central line also failed, and officials called off the execution.

Arizona executes Leroy McGill

Arizona executes inmate who set couple on fire in 'horrific attack' Arizona has executed Leroy McGill for setting 21-year-old Charles Perez and his 24-year-old girlfriend on fire. Perez died the next day and Perez survived with severe burn injuries.  Arizona has executed a death row inmate for setting 2 people on fire more than 20 years ago, killing 1 of them and changing the other's life forever.  The state executed Leroy McGill, 63, by lethal injection on Wednesday, May 20, for the 2002 murder of 21-year-old Charles Perez. McGill set Perez and his girlfriend on fire after they accused him of theft, court records say. Perez died of his injuries the next day while his girlfriend survived with severe burns. 

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...

Florida: The Daily Routine of Death Row Inmates

The breakfast carts rattle through the concrete prison at about 5:30 am and as they approach Death Row the first sounds of morning repeat the last sounds of night - remote controlled locks clanging open and clunking closed, electric gates whirring, heavy metal doors crashing shut, voices wailing, klaxons blaring. A maximum security prison has no soft or delicate sounds. At the end of each corridor of death row cells a guard opens a heavy door of steel bars and a prison trusty pushes a breakfast cart inside. The door closes behind him and when it locks a second door opens and admits the trusty to the wing. He steers his cart along the wing stopping at each cell to pass a tray of powdered eggs and lukewarm grits through a small slot on the bars. Food is prepared by prison staff and transported in insulated carts to the cells. The food carts are full of cockroaches, the food is often undercooked or just rotten and is served on Styrofoam plates with a plastic "spork" - fork/spoon...

Iraq: German schoolgirl, 17, turned jihadi bride escapes death penalty and is jailed for six years

GERMAN Jihadi bride Linda Wenzel has been jailed for six years in Baghdad for her role as an Islamic enforcer with terror group ISIS. Wenzel, 17, who last year sobbed on TV “I have ruined my life,” could have faced the death penalty. German media reported that a German embassy representative in Iraq was in court yesterday to witness her sentencing. She received five years for joining IS and one year for entering Iraq illegally. Wenzel was found in the rubble of IS stronghold Mosul back in the summer of 2017. Charges were laid against her and three other German women captured with her. Schoolgirl Wenzel fled to Turkey then into Syria last year from her hometown of Pulsnitz in eastern Germany after being groomed online by a Chechen IS fighter who she married. He was killed in the savage fighting for Mosul while she was employed by the terror group enforcing the strict Islamic dress code on women in the city. She burst into tears after her capture and said s...

Florida | Jury recommends death for Otto Lenke, judge to make final call

FORT PIERCE, Fla. — A St. Lucie County jury recommended the death penalty for Otto Lenke on Thursday in the penalty phase of his first-degree murder trial, though the final decision rests with the judge. Lenke, 66, a former Melbourne police officer and Indian River County firefighter , was convicted earlier this month of first-degree murder and first-degree arson in the Feb. 17, 2021, killing of Richard Benson at Fast Frank’s Custom Cycle Components, Benson’s motorcycle repair shop in Fort Pierce . Prosecutors said Lenke shot Benson multiple times inside the shop, then poured a flammable liquid on him and set him on fire while he was still alive. Surveillance video from the shop captured the attack.