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"The Supreme Court cleared the way for the Justice Department to carry out the first federal execution in more than 17 years..." - Hallo friend WELCOME TO AMERICA, In the article you read this time with the title "The Supreme Court cleared the way for the Justice Department to carry out the first federal execution in more than 17 years...", we have prepared well for this article you read and download the information therein. hopefully fill posts Article AMERICA, Article CULTURAL, Article ECONOMIC, Article POLITICAL, Article SECURITY, Article SOCCER, Article SOCIAL, we write this you can understand. Well, happy reading.

Title : "The Supreme Court cleared the way for the Justice Department to carry out the first federal execution in more than 17 years..."
link : "The Supreme Court cleared the way for the Justice Department to carry out the first federal execution in more than 17 years..."

"The Supreme Court cleared the way for the Justice Department to carry out the first federal execution in more than 17 years..."

"[A] federal judge had delayed the execution hours earlier, saying on Monday that questions about the constitutionality of the lethal injection procedure the government planned to use had not been fully litigated.... The Supreme Court delivered an unsigned 5-to-4 ruling, with Justices Stephen Breyer and Sonia Sotomayor dissenting. They were joined by Justices Ruth Bader Ginsburg and Elena Kagan, the other members of the court’s four-member liberal wing.... [Daniel Lewis] Lee, 47, a former white supremacist who has denounced his ties to that movement, was set to be executed for his part in the 1996 killing of a family of three. The Trump administration announced its intention last summer to resume the federal death penalty after a nearly two-decade hiatus and to employ a new procedure to carry it out — a single widely available drug, pentobarbital — after several botched executions by lethal injection renewed scrutiny of capital punishment. But the government has been fighting off legal challenges to the single-drug technique.... In her ruling on Monday, Judge [Tanya S.] Chutkan wrote that lethal injection by pentobarbital could expose the inmates to the risk of flash pulmonary edema, or the rapid buildup of fluid in the lungs that resembles the feeling of drowning or asphyxiation...."

The NYT reports.

Here's a PDF of the Supreme Court opinion. From the majority opinion:

[T]he plaintiffs cite new expert declarations suggesting that pentobarbital causes prisoners to experience “flash pulmonary edema,” a form of respiratory distress that temporarily produces the sensation of drowning or asphyxiation. But the Government has produced competing expert testimony of its own, indicating that any pulmonary edema occurs only after the prisoner has died or been rendered fully insensate.... It is our responsibility “to ensure that method-of-execution challenges to lawfully issued sentences are resolved fairly and expeditiously,” so that “the question of capital punish- ment” can remain with “the people and their representatives, not the courts, to resolve.” In keeping with that responsibility, we vacate the District Court’s preliminary injunction so that the plaintiffs’ executions may proceed as planned.

From Breyer's dissenting opinion, which is joined by Ginsburg:

Mr. Lee was sentenced to death in 1999 and has now spent over 20 years on death row. Such lengthy delays inflict se- vere psychological suffering on inmates and undermine the penological rationale for the death penalty.... Moreover, there are significant questions regarding the constitutionality of the method the Federal Government will use to execute him.... [T]he solution may be for this Court to directly examine the question whether the death penalty violates the Constitution.

From Sotomayor's dissenting opinion, which is joined by Kagan: "[T]he Court accepts the Government’s artificial claim of urgency to truncate ordinary procedures of judicial review. This sets a dangerous precedent."

"[A] federal judge had delayed the execution hours earlier, saying on Monday that questions about the constitutionality of the lethal injection procedure the government planned to use had not been fully litigated.... The Supreme Court delivered an unsigned 5-to-4 ruling, with Justices Stephen Breyer and Sonia Sotomayor dissenting. They were joined by Justices Ruth Bader Ginsburg and Elena Kagan, the other members of the court’s four-member liberal wing.... [Daniel Lewis] Lee, 47, a former white supremacist who has denounced his ties to that movement, was set to be executed for his part in the 1996 killing of a family of three. The Trump administration announced its intention last summer to resume the federal death penalty after a nearly two-decade hiatus and to employ a new procedure to carry it out — a single widely available drug, pentobarbital — after several botched executions by lethal injection renewed scrutiny of capital punishment. But the government has been fighting off legal challenges to the single-drug technique.... In her ruling on Monday, Judge [Tanya S.] Chutkan wrote that lethal injection by pentobarbital could expose the inmates to the risk of flash pulmonary edema, or the rapid buildup of fluid in the lungs that resembles the feeling of drowning or asphyxiation...."

The NYT reports.

Here's a PDF of the Supreme Court opinion. From the majority opinion:

[T]he plaintiffs cite new expert declarations suggesting that pentobarbital causes prisoners to experience “flash pulmonary edema,” a form of

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respiratory distress that temporarily produces the sensation of drowning or asphyxiation. But the Government has produced competing expert testimony of its own, indicating that any pulmonary edema occurs only after the prisoner has died or been rendered fully insensate.... It is our responsibility “to ensure that method-of-execution challenges to lawfully issued sentences are resolved fairly and expeditiously,” so that “the question of capital punish- ment” can remain with “the people and their representatives, not the courts, to resolve.” In keeping with that responsibility, we vacate the District Court’s preliminary injunction so that the plaintiffs’ executions may proceed as planned. From Breyer's dissenting opinion, which is joined by Ginsburg:

Mr. Lee was sentenced to death in 1999 and has now spent over 20 years on death row. Such lengthy delays inflict se- vere psychological suffering on inmates and undermine the penological rationale for the death penalty.... Moreover, there are significant questions regarding the constitutionality of the method the Federal Government will use to execute him.... [T]he solution may be for this Court to directly examine the question whether the death penalty violates the Constitution.

From Sotomayor's dissenting opinion, which is joined by Kagan: "[T]he Court accepts the Government’s artificial claim of urgency to truncate ordinary procedures of judicial review. This sets a dangerous precedent."

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