Capital Punishment Isn’t Unconstitutional, But We Should End The Practice Anyway

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On April 1, The Supreme Court of the United States ruled against death row inmate Russell Bucklew’s appeal of his execution method. Nixing his claim that a rare medical condition would make the execution unconstitutionally “cruel and unusual” by virtue of being excruciatingly painful the Court (in an opinion written by Associate Justice Neil Gorsuch) held that the Eighth Amendment “does not guarantee a prisoner a painless death.”

SCOTUS has been the most prominent venue for opposition to the death penalty, but also the least effectual. Intermittent victories on procedural details produce false hopes that the Court will eventually find the death penalty as such an unconstitutionally cruel and unusual punishment. Then events like the retirement of Associate Justice Anthony “Swing Vote” Kennedy dash, or at least delay, those hopes.

 

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