The outcome of the much-covered case, highlighted in articles here and here, filed by several death row inmates in Oklahoma holds great significance for the future of California's death penalty system. In a 5-4 decision on Monday, the U.S. Supreme Court ruled on the case of Glossip v. Gross, determining that the sedative midazolam can be used in executions without violating the Eighth Amendment prohibition of cruel and unusual punishment. Gov. Jerry Brown's administration now has 120 days to propose a new lethal injection method, as stipulated with families of murder victims in a recent settlement. The ruling will fortunately create greater challenges for death penalty opponents and death row inmates, but a resumption of executions is not without obstacles:
-State
law requires extensive public comment on a new execution method, including
mandatory administrative
procedures and hearings, a lengthy process that could take a year.
-Drug manufacturers are making it increasingly difficult for prisons to obtain lethal drugs for executions.
On another front, the U.S. 9th
Circuit Court of Appeals is set to determine the validity of U.S. District Judge
Cormac J. Carney's ruling that the "delays and arbitrary nature" of
capital punishment render the practice unconstitutional. A three-judge panel will hear arguments in August.
Despite the many coming hurdles, "The decision was a home run," says Kent Scheidegger in this article. "This opinion raises the bar for murderers who try to get an injunction against the protocol that is adopted," he added.
Since the death penalty's restoration in 1978, California has executed just 13 death row inmates. Presently, 750 inmates sit on death row statewide, over 15 of whom have exhausted all appeals and are eligible for execution dates.
Justice Samuel Alito's opinion can be read here and CJLF has this press release regarding the ruling.
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