Controversy over lethal injection escalates
For the first time since the Supreme Court opened an inquiry into the constitutionality of the lethal injection method of executions, a federal appeals court has moved to review en banc the question of what lower courts should do about delaying death sentences in other states. A majority of the nine participating judges on the Eleventh Circuit Court based in Atlanta voted to rehear the state of Alabama’s request to go ahead with the execution of serial killer Daniel Lee Siebert. The actual vote was not disclosed.
On Wednesday, a three-judge panel of the Eleventh Circuit postponed Siebert’s execution, scheduled for Thursday evening. The panel did not give a full explanation of its reasons, simply noting that the Supeme Court was “presently considering the constitutionality of the challenge lethal injection protocol,” so, “accordingly,” it issued a stay of Siebert’s execution. It said the stay would remain in effect until the Supreme Court decided the issue in the Kentucky case of Baze v. Rees (07-5439).
But the en banc Circuit Court, with three of its judges not participating, said that one of its judges had asked that the Court be polled on the state’s petition for rehearing en banc, filed earlier Thursday. After a majority voted to do so, the Court nullified the panel order, but on its own reimposed a delay of the execution “pending further en banc consideration of this case.” The Court’s order can be found here.
One of the state’s arguments for proceeding with the execution is that it has altered the protocol to reduce the possibility that the three-chemical formula would result in severe pain and suffering to a dying inmate. The case is Siebert v. Allen (Circuit docket 07-14956(.
(Thanks to Howard Bashman of How Appealing blog for the alert to the Circuit Court’s new order.)
Well I think there should be someway of executing the killers including the child molesters. They take the life of that child even though the child is still breathing. Maybe that state should be required to pay for the mental health care for that child for the rest of its life and then we will see how quickly the state does something to lock them up for life or death. My understanding is that if they were housed with the general population they wouldn’t live long anyway. That is from the Arizona State Prison at Florence.
Mike
Comment by Mike Comstock — October 25, 2007 @ 8:05 pm
Paul Madison the other day made a powerfully factual argument in that the court is just “kidding themselves” in taking up such petitions. He had some pretty interesting remarks on why the 14th does not lend for such federal review. Can read it here if you are interested to give it a peek.
Comment by George Hines — October 26, 2007 @ 7:24 am
I am a board certified anesthesiologist. The 3 drug protocol, in the doses that were listed on the web and in the order given, is an extremely pleasant way to go. Sodium pentothal induces a pleasant sleep, pancuronium (the muscle relaxant) paralyzes the muscles without affecting the sleep one way or the other, and potassium chloride stops the heart. The same drugs have been used in cardiac surgery when a patient is anesthetized, muscles paralyzed, and the heart stopped to allow cardiac bypass. The difference is that in cardiac surgery (CABG) the bypass machine delivers oxygen so that the patient remains alive until the heart and lungs can be started again. To suggest that this drug combination is cruel and unusual is ridiculous.
Comment by Dorene O'Hara — October 30, 2007 @ 2:52 pm
I believe that if the constitution states that a person is entitles to life, liberty, and property then how can a person have their life taken away by another?
Comment by laura Hernandez — April 16, 2008 @ 3:15 pm
oh and another thing, i know that there are cerain circumstances where many people may believe that a person should be sentenced to the death penalty. I know if my sister was abused i would want the death penalty for the abuser. But whether its constitutional or not, if a person has their life taken away isnt that giving them the easy way out. Why not make them suffer in jail. Once they are dead they dont have to live up to what they did. Like i said it is the easy way out.
Comment by laura Hernandez — April 16, 2008 @ 3:19 pm