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Injection Question Dropped


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.


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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