Skip to main content

The U.S. Supreme Court’s new death penalty order should make your skin crawl

Hamm v. Reeves
, a death penalty order that the Supreme Court handed down Thursday night, is an epilogue to a longstanding tension between drug companies that do not wish their products to be used to kill people, and states that are willing to use unreliable drugs to conduct executions if effective sedatives are not available.

It’s also unsettlingly cruel.

The upshot of the Court’s 5-4 decision in Hamm is that a man was executed using a method that may have caused him excruciating pain, most likely because that man’s disability prevented him from understanding how to opt in to a less painful method of execution.

There is significant evidence that Matthew Reeves, a man convicted of murder that the state of Alabama executed after the Supreme Court permitted it to do so on Thursday, had an intellectual disability. Among other things, as Justice Sonia Sotomayor noted in a 2021 dissenting opinion, an expert employed by the state gave Reeves an IQ test and determined that “Reeves’ IQ was well within the range for intellectual disability.”


The Supreme Court held in Atkins v. Virginia (2002) that “death is not a suitable punishment” for someone with an intellectual disability. Nevertheless, in its 2021 decision in Dunn v. Reeves, the Supreme Court voted along party lines to effectively prevent Reeves from avoiding execution.

The issue in Hamm, the decision that the Court handed down Thursday night, is quite narrow. After Dunn, it was no longer a question of whether Alabama could execute Reeves. The only question was how Alabama could conduct this execution — and whether the state was allowed to use a method that may very well amount to torture, even over Reeves’s objection.

This time the Court split 5-4, with Justice Amy Coney Barrett crossing over to vote with the three liberal justices. But, in a Court with a 6-3 Republican supermajority, Barrett’s vote was not enough to save Reeves from the fate that Alabama chose for him. He was executed by lethal injection.


The Supreme Court’s decisions impose a terrible burden on death row inmates and their lawyers


Many states used to use a three-drug combination to execute people on death row. First, the inmate would be injected with sodium thiopental, an anesthetic that was supposed to prevent the inmate from feeling the effects of the drugs that would kill them. The inmate would then be injected with a paralytic drug, and finally with a lethal drug that would stop their heart.

But supplies of sodium thiopental dried up, at least for executioners, around 2010 — in part because pharmaceutical companies refused to sell the drug for use in executions, and in part because the European Union forbids companies from exporting drugs for such a purpose. As a result, some states turned to less reliable sedatives.

The result was botched executions, where inmates were visibly in excruciating pain during their executions. As Sotomayor wrote in a 2015 dissenting opinion, these unreliable execution drugs leave death row inmates “exposed to what may well be the chemical equivalent of being burned at the stake.”

But the Supreme Court’s Republican majority has not shown much sympathy for inmates who ask not to be tortured to death. Among other things, the Court has held that an inmate who objects to one form of execution must suggest an alternative method or their objection will fail. As Justice Neil Gorsuch wrote for the Court in Bucklew v. Precythe (2019), “a prisoner must show a feasible and readily implemented alternative method of execution that would significantly reduce a substantial risk of severe pain and that the State has refused to adopt without a legitimate penological reason.”

Meanwhile, some states have responded to these developments by authorizing new methods of execution. South Carolina, for example, recently enacted a law making electrocution the default method of execution in that state, and also permitting some inmates to be executed by firing squad.

Alabama, meanwhile, passed a law that nominally allows people on death row to choose a method of execution other than lethal injection, but only if they act within a very short window of time. As Justice Elena Kagan describes this Alabama law in her dissenting opinion in Hamm, “a recently enacted state law gave those inmates one month to select execution by nitrogen hypoxia” — where the inmate is placed in a gas chamber filled with nitrogen gas and asphyxiated — “rather than lethal injection.”

Many experts believe that nitrogen hypoxia is much less painful than lethal injection, especially if the state does not have access to reliable anesthetics. Although, for obvious reasons, it’s impossible to conduct an ethical experiment on actual people to determine if one method of killing is less painful than others.

The specific legal issue in Hamm concerns the paper form that the state gave inmates, which allowed them to choose nitrogen hypoxia over lethal injection. As Kagan notes, “the form was written in legalese, and according to unrebutted evidence, an inmate needed at least an 11th-grade reading level to understand it.” But Reeves had “cognitive limitations.” He had “the same reading ability as an elementary-school child,” and “one expert testified that Reeves’s ‘reading comprehension was at the 1st grade level.’”

A lower court determined that, under the Americans With Disabilities Act, the state needed to help Reeves understand the form before he could be executed. But five justices, in a two-sentence order that offers no explanation whatsoever of why they reached this decision, permitted Alabama to move forward with the execution — and to do so using lethal injection.

If you’ve read this far, your skin is probably crawling right now


The Eighth Amendment is supposed to prohibit “cruel and unusual punishments.” But the Court has held that the death penalty enjoys a kind of super-constitutional status that requires executions to move forward, even if there is no way to conduct them humanely.

This was the holding of Glossip v. Gross (2015), one of several Supreme Court decisions confronting the shortage of reliable anesthetics for use in executions. “Because it is settled that capital punishment is constitutional,” Justice Samuel Alito wrote for the Court in Glossip, “it necessarily follows that there must be a [constitutional] means of carrying it out.” (The name of the logical fallacy on display in Alito’s opinion is “begging the question.”)

So if the only available method of killing a death row inmate is “the chemical equivalent of being burned at the stake,” Glossip’s response to this dilemma is to allow the execution to happen anyway.

Several justices, moreover, have indicated that they have a different, more personal reason for denying relief to death row inmates. As an execution draws nigh, lawyers representing the inmate typically file a flurry of motions seeking to save their client’s life — or, at least, to make the execution less painful. Often, this last-minute litigation involves issues that neither the lawyers nor the client could reasonably have known about in advance. In one case, for example, a prison did not inform an inmate about key details of its execution policy until about two weeks before his execution.

But many of the justices appear quite bothered by the fact that they need to decide these last-minute appeals, which may arrive at the Court on a night when a justice has other plans. In Bucklew, Gorsuch complained that “last-minute stays should be the extreme exception,” and he claimed that death row inmates and their lawyers are engaged in “manipulation” of the system.

More recently, during an oral argument concerning the religious liberties of death row inmates, several justices complained that, if the Court honored the particular application of the First Amendment rights of the inmate in that case, it would open the floodgates to future litigation seeking to vindicate similar rights. As Justice Brett Kavanaugh complained to the inmate’s lawyer, “if we rule in your favor in this case, this will be a heavy part of our docket for years to come.”

One might think that, given the gravity of killing another human being, the courts should pay special attention to death penalty cases — if for no other reason than because an execution can never be reversed if a court later discovers that it was unlawful or unjustified. But that is not the attitude of this Supreme Court.

Source: Vox, Ian Millhiser, January 28, 2022


🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

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...

Israel passes death penalty law for terrorists convicted of deadly attacks

JERUSALEM (AP) — Israel’s parliament on Monday passed a law approving the death penalty for Palestinians convicted of murdering Israelis, a measure that has been harshly condemned by the international community and rights groups as discriminatory and inhumane. The passage of the bill marked the culmination of a years-long drive by the far-right to escalate punishment for Palestinians convicted of nationalistic offenses against Israelis. Prime Minister Benjamin Netanyahu came to the Knesset to vote for the bill in person. The law makes the death penalty — by hanging — the default punishment for West Bank Palestinians convicted of nationalistic killings. It also gives Israeli courts the option of imposing the death penalty on Israeli citizens convicted on similar charges — language that legal experts say effectively confines those who can be sentenced to death to Palestinian citizens of Israel and excludes Jewish citizens.

Faith Leaders, Advocates Plan Protests Against Firms Tied to Idaho Execution Chamber Project

BOISE, Idaho — Faith leaders, community advocates and relatives of a person executed by firing squad are joining national advocacy groups to protest firms involved in constructing Idaho’s execution chamber, as states increasingly turn to alternative methods amid lethal injection drug shortages. Due to the refusal of pharmaceutical companies, especially in the past decade, many states have had to find alternative methods because of extensive shortages of lethal injection drugs. Further, this has led the state of Idaho to pass legislation authorizing execution by firing squad, which is one of the most aggressive among alternative methods.

Pentobarbital Sodium Is Used to End Suffering — and Also to Execute People. The Debate Is Getting Louder.

In a prison in Arizona, a tiny vial is kept in a refrigerator. Or there was—the precise state of what’s inside is still up for debate. The contents may have expired, according to a retired judge looking into the state’s execution procedures. They would not expire, according to prison officials. This could not be independently verified by anyone outside the prison. Pentobarbital sodium is the drug in question, and the fact that its storage conditions in a correctional facility are now the focus of legal investigation indicates how far this specific compound has deviated from its intended use.

Sonia Sotomayor Warns That Texas May Execute an Innocent Man

Law is, as legal scholars and commentators have long recognized , both a refuge for those seeking to escape abuses of power and a trap in which their claims of justice get lost in a maze of statutory intricacies. Nowhere has this been more clearly on display than in the world of capital punishment. Over the span of half a century, the Supreme Court has gone from championing the rights of capital defendants and death row inmates to deflecting and denying their pursuit of justice. Where once the court carefully scrutinized procedures used in death cases, insisting that they had to conform to the dictates of so-called super due process , today it has made the due process accorded in those cases not super at all .

Florida Supreme Court halts execution of police officer convicted of raping, murdering girl

STARKE, Fla. (AP) — The execution of a former Florida police officer convicted of raping and murdering an 11-year-old girl was temporarily halted Thursday by the Florida Supreme Court. The court issued a stay in execution for 68-year-old James Aren Duckett, who was scheduled to receive a three-drug injection Tuesday at Florida State Prison near Starke. Duckett was sentenced to death in 1988 after being convicted of first-degree murder and sexual battery.

Saudi Arabia executes man convicted on terrorism-related charges

A man convicted on terrorism-related charges has been executed in Saudi Arabia following a final court ruling, according to an official statement from the Interior Ministry and reporting patterns consistent with international news agencies. The Interior Ministry said the individual, identified as Saoud bin Muhammad bin Ali al-Faraj, was convicted of multiple offenses including alleged affiliation with a foreign-linked terrorist organization, targeting security personnel, supporting and financing terrorist activities, harboring suspects, manufacturing explosives, and illegal possession of weapons.The case was initially investigated by security authorities before being referred to the judiciary.

Once Nevada’s youngest on death row, double murderer paroled as victims’ family claims silence from state

LAS VEGAS — A man who once stood as the youngest person on Nevada’s death row has officially transitioned from a life behind bars to a life under supervision, following his release from High Desert State Prison last month. Edward Michael Domingues, 49, was released on parole on Feb. 13, 2026. His freedom marks the end of 32 consecutive years of incarceration for the 1993 murders of Arjin Chanel Pechpho and her 4-year-old son, Jonathan Smith. Since his release, the case has ignited a renewed debate over Nevada’s victim notification systems. Tawin Eshelman, the mother and grandmother of the victims, confirmed that the family was never formally notified of the parole hearing that led to Domingues' freedom.

Iranian Gay Activist: "They Forced Me to Watch Executions So I Would Know How Mine Would Be"

Iranian LGBT activist now living as a refugee in Spain. He was sentenced to death by the ayatollah regime for being homosexual and for his support campaign for the community. "The enemy was already at home," he says about the current war In 11 countries around the world, homosexuality is punishable by death - it is criminalized in almost 70 countries. One of them is the Islamic Republic of Iran, from where Ramtin Zigorat (Tabriz, 1988) managed to escape after avoiding a death sentence and enduring the worst tortures. He has been living as a refugee in Spain for six and a half years. Question . His life, his testimony, can help us better understand what the Iranian Islamist regime is. I believe that until adolescence, you did not fully understand that you were homosexual.

Arizona | Death Row Inmate Challenges Execution Warrant, Citing 2025 Cyberattack and Protocol Failures

Leroy Dean McGill was sentenced to death for a 2002 gasoline attack in North Phoenix against a couple, Charles Perez and Nova Banta. PHOENIX — Attorneys for Arizona death row inmate Leroy Dean McGill have formally challenged the state’s attempt to secure an execution warrant, citing a catastrophic 2025 cyberattack and a long history of troubled lethal injection protocols. The challenge comes as Arizona seeks to resume capital punishment following a year-long hiatus. If the Arizona Supreme Court grants the state’s request, McGill would become the first person executed in the state since 2024.