Baze v. Rees

Infobox SCOTUS case
Litigants=Baze v. Rees
ArgueDate=January 7
ArgueYear=2008
DecideDate=April 16
DecideYear=2008
FullName=Ralph Baze and Thomas C. Bowling v. John D. Rees
USVol=
USPage=
CitationNew=553 U.S. ___; 2008 WL 1733259
Prior=Writ of certiorari to the Supreme Court of Kentucky
Subsequent=
Holding=Lethal injection is constitutional under the Eighth Amendment.
Docket=07-5439
OralArgument=http://www.oyez.org/cases/2000-2009/2007/2007_07_5439/argument/
SCOTUS=2006
Plurality=Roberts
JoinPlurality=Kennedy and Alito
Concurrence=Alito
Concurrence2=Stevens
Concurrence3=Thomas
JoinConcurrence3=Scalia
Concurrence4=Breyer
Dissent=Ginsburg
JoinDissent=Souter
LawsApplied=U.S. Const. amends. VIII

"Baze v. Rees", 553 U.S. ___ (2008), is a United States Supreme Court case. The court agreed to hear the appeal of two men, Ralph Baze and Thomas Bowling, who were sentenced to death in Kentucky. The men argue that executing them by lethal injection would violate the 8th Amendment prohibition of cruel and unusual punishment. Under court precedent, lethal injection must not inflict "unnecessary pain". The men's attorneys argue that the chemicals used to kill them carried an unnecessary risk of inflicting pain during the process. The specific "cocktail" used for lethal injections in Kentucky is the same that virtually all states use for lethal injection, so this case has nationwide implications. An effective moratorium on executions in the United States had taken place since certiorari was granted in this case. [ [http://www.stateline.org/live/details/story?contentId=249581 Lethal injection moratorium inches closer ] ]

The Court heard oral arguments on January 7 2008. On April 16, the Court rejected the challenge thereby upholding Kentucky's method of lethal injection by a vote of 7-2. Ruth Bader Ginsburg and David Souter dissented. [Bill Mears. [http://www.cnn.com/2008/CRIME/04/16/scotus.injections/index.html High court upholds lethal injection method] , "CNN" April 16. 2008.]

Bibliography

* Linda Greenhouse. " [http://www.nytimes.com/2007/09/26/washington/26lethal.html?_r=1&oref=slogin Justices to Enter the Debate Over Lethal Injection] ". "New York Times", September 26, 2007.
* " [http://www.reuters.com/article/topNews/idUSWAT00935320080416 Supreme Court clears way for executions to resume] " "Reuters", April 16th, 2008.

ee also

* List of United States Supreme Court cases, volume 553

References

External links

* [http://www.scotusblog.com/wp/wp-content/uploads/2008/04/07-5439.pdf Written Opinion]
* [http://www.scotuswiki.com/index.php?title=Baze_v._Rees Baze v. Rees] on ScotusWiki
* [http://www.oyez.org/cases/2000-2009/2007/2007_07_5439/argument/ audio recording of the arguments] from Oyez.org