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)

Saudi Arabia executed 356 people in 2025, highest number on record

Analysts attribute increase to kingdom’s ‘war on drugs’ as authorities kill 356 people by death penalty Saudi authorities executed 356 people in 2025, setting a new record for the number of inmates put to death in the kingdom in a single year. Analysts have largely attributed the increase in executions to Riyadh’s “war on drugs”, with some of those arrested in previous years only now being executed after legal proceedings and convictions. Official data released by the Saudi government said 243 people were executed in drug-related cases in 2025 alone, according to a tally kept by Agence France-Presse.

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.

M Ravi, the man who defied Singapore regime's harassment, dies

M Ravi never gave up despite the odds stacked against him by the Singapore regime, which has always used its grip on the legal process to silence critics. M Ravi, one of Singapore's best-known personalities who was at the forefront of legal cases challenging the PAP regime over human rights violations, has died. He was 56. The news has come as a shock to friends and activists. Singapore's The Straits Times reported that police were investigating the "unnatural death".

Iran | Executions in Shiraz, Borazjan, Ahvaz, Isfahan, Ardabil, Rasht, Ghaemshahr, Neishabur

Iran Human Rights (IHRNGO); December 23, 2025: Mahin Rashidi, Abbas Alami, Naser Faraji, Tohid Barzegar and Jamshid Amirfazli, five co-defendants on death row for drug-related offences, were secretly executed in a group hanging in Shiraz Central Prison.  According to information obtained by Iran Human Rights, four men and a woman were hanged in Shiraz (Adel Abad) Central Prison on 17 December 2025. Their identities have been established as Mahin Rashidi, a 39-year-old woman, Abbas Alami, 43, Naser Faraji, 38, Tohid Barzegar, 51, and Jamshid Amirfazli, 45, all Kashan natives.

USA | Justice Department Encourages New Capital Charges Against Commuted Federal Death Row Prisoners

On Dec. 23, 2024, former President Joseph R. Biden Jr. commuted the sentences of nearly all federal death row prisoners, sparing 37 men from execution. Just 28 days later, on Jan. 20, 2025, newly inaugurated President Donald J. Trump issued an executive order encouraging state and local prosecutors to pursue new charges against those same prisoners, reopening the possibility of capital punishment in state courts.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

Singapore | Prolific lawyer M Ravi, known for drug death-penalty cases, found dead

Ravi Madasamy, a high-profile lawyer who represented death-row inmates and campaigned against capital punishment, was found dead in the early hours, prompting a police investigation into an unnatural death KUALA LUMPUR — Prolific Singapore lawyer Ravi Madasamy who tried to save Malaysian drug traffickers from the gallows found dead in the early hours with police investigating a case of unnatural death. Lawyer Eugene Thuraisingam, who had previously represented 56-year-old Ravi in court and described him as a friend, said he was deeply saddened by the news.