Comments on: Court drops one issue on lethal injection http://www.scotusblog.com/2007/10/court-drops-one-issue-on-lethal-injection/ The Supreme Court of the United States blog Mon, 23 Jan 2012 22:38:26 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Kent Scheidegger http://www.scotusblog.com/2007/10/court-drops-one-issue-on-lethal-injection/#comment-6025 Kent Scheidegger Wed, 03 Oct 2007 17:51:44 +0000 http://www.scotusblog.com/wp/uncategorized/court-drops-one-issue-on-lethal-injection/#comment-6025 A "not" is missing from the last sentence of the previous comment. A “not” is missing from the last sentence of the previous comment.

]]> By: Kent Scheidegger http://www.scotusblog.com/2007/10/court-drops-one-issue-on-lethal-injection/#comment-6024 Kent Scheidegger Wed, 03 Oct 2007 17:41:53 +0000 http://www.scotusblog.com/wp/uncategorized/court-drops-one-issue-on-lethal-injection/#comment-6024 "Thus, the question that will not be before the Court sought to test whether a state had a duty to have a medical team on hand at an execution to keep the inmate alive, if the process had been started but a court has stayed the execution before it was completed. That, too, was a constitutional question." I suppose you can say it is a constitutional question, but it is not a substantial one worthy of the Court's attention. Whether free exercise of religion includes the right to perform human sacrifices with unwilling subjects is a constitutional question in the same sense, but I would expect the Court to grant certiorari to consider it. “Thus, the question that will not be before the Court sought to test whether a state had a duty to have a medical team on hand at an execution to keep the inmate alive, if the process had been started but a court has stayed the execution before it was completed. That, too, was a constitutional question.”

I suppose you can say it is a constitutional question, but it is not a substantial one worthy of the Court’s attention. Whether free exercise of religion includes the right to perform human sacrifices with unwilling subjects is a constitutional question in the same sense, but I would expect the Court to grant certiorari to consider it.

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