FedSoc Forums

Courthouse Steps Decision Teleforum: Bucklew v. Precythe


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Monday, April 1st, the Supreme Court ruled on the 8th amendment case Bucklew v. Precythe. Plaintiff Russell Bucklew was sentenced to death on counts of kidnapping, rape, and murder, and the execution was to take place on May 21, 2014. However, Bucklew then filed an appeal that the lethal injection protocol to be followed would represent cruel and unusual punishment in his case because of his unique medical condition. Plaintiffs argued for an alternative execution method.
The Supreme Court, in a 5-4 decision written by Justice Neil Gorsuch, affirmed the trial court and appellate court rulings and found in favor of the respondent. The Court reasoned that the plaintiff had failed to meet his burdens of proof, based on prior Supreme Court precedent. Justice Stephen Breyer wrote a dissenting opinion, which was joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elana Kagan.

The holding has caused significant controversy, and may indicate the future of the Supreme Court on death penalty cases, as well as interpretation of the 8th amendment.
Featuring:
Kent Scheidegger, Legal Director & General Counsel, Criminal Justice Legal Foundation
...more
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