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)

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.

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.

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.

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.

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...

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. 

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.

Iran to execute first woman linked to mass protests after ‘forced confessions’

Bita Hemmati and three others have been sentenced to death for 'collusion' and 'propaganda.' Advocates claim the charges are baseless, citing a secretive process and state-televised interrogations. Iranian authorities are preparing to execute Bita Hemmati, the first woman sentenced to death in connection with the mass protests in Tehran in late December and January, according to the US-based non-profit the Human Rights Activists News Agency. Judge Iman Afshari, of Branch 26 of the Tehran Revolutionary Court, sentenced Hemmati, her husband, Mohammadreza Majidi Asl, and Behrouz Zamaninezhad, and Kourosh Zamaninezhad to death on the charge of “operational action for the hostile government of the United States and hostile groups,” in addition to discretionary imprisonment period of five years on the charge of “assembly and collusion against national security.”  

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.