U.S. Courts News Reporter
The following article was first published in the Mint newspaper on 15th August, 2023. The same was written by our Private Client team at Cyril Amarchand Mangaldas, who frequently publish their comments and opinions in the Mint. The online version of the article can be found here.
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The Supreme Court doesn’t care all that much for method-of-execution challenges. It particularly disfavors Eighth Amendment litigation attacking familiar lethal injection protocols as “cruel and unusual” punishment. In the past 20 years, the court has announced substantive constitutional law, pleading requirements, and timeliness rules that make it harder to win such arguments. Nance v. Ward (to be argued on Monday) is about the procedural vehicle that prisoners must use to challenge execution methods. The case is important because Georgia’s … Read the rest
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On Wednesday afternoon, in the shadow of reports of Justice Stephen Breyer’s forthcoming retirement announcement, the Supreme Court denied an application to postpone the executions of two Oklahoma men. The brief order, with no recorded dissents, cleared the way for Oklahoma to execute one of the men, Donald Grant, at 11 a.m. EST on Thursday morning. The other, Gilbert Postelle, is scheduled to be executed on Feb. 17.
Oklahoma’s lethal-injection protocol has received increased scrutiny in recent years. Grant … Read the rest