North Carolina Supreme Court Overrules State Medical Board's Ban on Doctor Participation in Executions
The North Carolina Supreme Court ruled 4-3 that physicians cannot be punished by the State Medical Board for taking part in executions. The Medical Board had adopted a policy in January 2007 that their physician's code of ethics would be violated by a doctor taking part in an execution, subjecting practitioners to having his or her medical license revoked. This policy conflicted with the state law that requires a physician’s presence at all executions, effectively putting North Carolina’s executions on hold. Writing for the majority, Justice Edward Thomas Brady wrote, "[The Medical Board's] position statement exceeds its authority . . . because the statement directly contravenes the specific requirement of physician presence." In the dissenting opinion, Justice Robin Hudson wrote, "The position statement is a valid exercise of [the Medical Board's] statutory authority. Any change in that authority – which is the practical effect of the majority opinion – is a...