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August 27, 2015

Might Tennessee soon have its machinery of death up and running?

The question in the title of this post is prompted by this AP story headlined "Judge upholds Tennessee lethal injection method." Here are the basics:

A Tennessee judge on Wednesday upheld the state's lethal injection process for executing inmates.

Davidson County Chancery Judge Claudia Bonnyman said from the bench that the plaintiffs, 33 death row inmates, didn't prove that the one-drug method led to a painful and lingering death.  She also said the plaintiffs didn't show during a lengthy trial that there have been problems in states where the method has been used. "Plaintiffs were not able to carry their burdens ... on any of their claims," Bonnyman said.

Plaintiffs' attorney Kelley Henry said they plan to appeal.

Attorney General Herbert Slatery said in a statement he hoped the families of victims would be comforted by the ruling.  "The State of Tennessee has worked very hard to make sure the protocol used is reliable and humane, today the Court recognized that," the statement said.  While much of the focus of this case has been on the inmates, we should not forget the victims and the heartache suffered by their families."

Tennessee's protocol calls for the use of pentobarbital mixed to order by a pharmacist, because the only commercial producer of the drug has placed restrictions on its distribution to prevent it from being used in executions.  Tennessee has not executed an inmate for more than five years because of legal challenges and problems in obtaining lethal injection drugs.

Lawmakers moved from a three-drug lethal injection method to a one-drug method and to reinstate the electric chair as a backup.  Both changes brought challenges, and all previously scheduled executions have been put on hold.

This ruling and the planned appeals by the death row defendants suggests that Tennessee might be a good state to watch to see if the Supreme Court's ruling in Glossip can really help states finally get their death penalty machinery back up and running.  In the wake of Glossip and absent any evidence of illicit chicanery by Tennessee officials, any appeals in this case ought to be resolved fairly expeditiously (especially if Tennessee were now set execution dates for some condemned murderers). But, of course, the condemned still have every reason, and surely will seek every opportunity, to continue to extend the lethal injection litigation for as long as possible in both state and federal courts. I have thought that Glossip should speed things along in this state and others, but only time will tell.

August 27, 2015 at 09:16 AM | Permalink

Comments

You can only hold your breath waiting for the injections to resume, professor. How painful for you.

Posted by: Brit | Aug 27, 2015 2:31:27 PM

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