The Washington Post reports (here
) about the Supreme Court’s decision this week upholding the Constitutionality of lethal injection as a means of execution.
The question in this case was not whether the death penalty is Constitutional, but rather whether lethal injection is an excessively painful means of causing death. The judges ruled that it was acceptable.
However, this ruling prompted a flare-up of the legal versus policy distinction that we talked about in class. Take a look at the news article
.
Here’s what happened: In a concurring opinion, Justice Stevens made the strange argument that he was (1) voting to uphold lethal injection even though (2) he is convinced that capital punishment is not Constitutional. This is a significant reversal; in 1976, Stevens wrote the majority opinion for the court re-instating the death penalty as a Constitutional punishment.
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