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Injection Question Dropped

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In the Supreme Court lethal injection case, Baze v. Rees, Question 4 in the petition for certiorari is:

IV. When it is known that the effects of the chemicals could be reversed if the proper actions are taken, does substantive due process require a state to be prepared to maintain life in case a stay of execution is granted after the lethal injection chemicals are injected?

As previously noted here, the correct answer to this question is, "Are you out of your cotton-pickin' mind?" Further, I suggested the Court might modify its grant of certiorari to remove that question. Sure enough, Lyle Denniston reports at SCOTUSblog, the Court has done so.

Update: The order is now on the Court's website here.

2 Comments

Another interesting question would be how far does the state have to go to make sure that courts have the ability to communicate a last-minute stay order.

Don't give them any ideas. It has always amazed me through the years since the late 70's when I started following capital cases the myriad of issues that death penalty opponents can come up with. Of course, alot of it is because of Supreme Court flip-flopping and second guessing by the lower courts. What will the issue be next time when the lethal injection issue is resolved?

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