January 6, 2008
The Baze argument (finally) and the long litigation path to Baze
About 12 hours from the time I am writing this post, the Supreme Court will finally hear oral arguments in Baze v. Rees, the case from Kentucky exploring the constitutionality of that state's lethal injection protocols. I say "finally" because, as a result of its September cert. grant and subsequent stay rulings, the Court has with Baze already created the longest execution moratorium in the US for more than a quarter century. And since it is unlikely that we will get any ruling in Baze for months, we many not see an end to this moratorium for a long time.
Fortunately, there is plenty to read to gear up for the argument and then await a ruling: SCOTUSwiki has this extended review of the case basics, as well as links to various additional coverage; How Appealing has collected lots of the latest major media coverage in posts here and here and here; and video coverage is with two lethal injection litigators is available from a C-Span program at this link. And all my Baze coverage is assembled in this category archive.
As regular readers know, I have been following lethal injection litigation closely since the start of this blog and well before the Baze grant. I believe my first major post on the topic was this post, titled "The legal attack on lethal injection," from April 2005. Notably, that post discussed the trial court hearing in the very case that is to be argued tomorrow before the Justices. In the same spirit, here is an abridged blog/legal history with a few milestones (and posts) on the topic before SCOTUS finally took up Baze:
- May 2005: Are four Justices ready to grant cert. on the constitutionality of lethal injection protocols?
- July 2005: Notable ruling on constitutionality of lethal injection
- Aug. 2005: More litigation over lethal injection
- Oct. 2005: Major Tennessee ruling upholds lethal injection protocol
- Jan. 2006: Florida Supreme Court rejects challenge to lethal injection
- Jan 2006: How will the Hill case impact execution plans?
- Feb. 2006: And the lethal injection litigation played on...
- Mar. 2006: Federal executions stayed due to lethal injection concerns
- Apr. 2006: Trans-coastal lethal injection inspections
- Apr. 2006: SCOTUS to enter lethal injection scrummages today
- May 2006: How could (and should) Congress clean up the lethal injection mess?
- May 2006: SCOTUS denies cert on direct challenge to lethal injection
- June 2006: A Hill of beans
- July 2006: Should part of the machinery of death be dyslexic?
- July 2006: The lethal injection litigation rages on and on and...
- Aug. 2006: Lethal injection litigation creates de facto moratorium in Ohio and...
- Sept. 2006: A lethal hearing (in the wrong place?)
- Oct. 2006: Tracking the execution rate as lethal injection scrummages rage on
- Nov. 2006: California lethal injection protocol assailed
- Dec. 2006: Governor Jeb Bush orders moratorium after botched Florida execution
- Dec. 2006: Major California ruling on lethal injection protocol
- Dec. 2006: Isn't it finally time for Congress to do something about lethal injection problems?
- Jan. 2007: Do execution headaches impact where capital debates are headed?
- Jan. 2007: Lethal injection issues halt NC executions
- Feb. 2007: Tennessee's Gov halts executions over lethal injection concerns
- Feb. 2007: Shouldn't all executions now be recorded on video?
- Mar. 2007: "Hypothetical" protocol for full-proof painless execution by lethal injection?
- Apr. 2007: Why is the Bush Administration (secretly?) accepting a de facto moratorium on federal executions?
- Apr. 2007: Schwarzenegger halts work on death chamber of secrets
- May 2007: Another messy execution in Ohio
- June 2007: A call for truly public executions?
And then finally, come September 2007, SCOTUS to review lethal injection protocols with Kentucky case.
January 6, 2008 at 10:27 PM | Permalink
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