556 U. S. 662, 678 (2009).

428 U. S. 242, 247 (1976) (joint opinion of Stewart, Powell, and Stevens, JJ. The Death Penalty Institute, Execution List 2012, online at www.deathpenaltyinfo.org/execution-list-2012 (all Internet materials as visited June 26, 2015, and available in Clerk of Court’s case file). Donohue, An Empirical Evaluation of the Connecticut Death Penalty System Since 1973: Are There Unlawful Racial, Gender, and Geographic Disparities? Justice Alito delivered the opinion of the Court. lack of response to stimuli such as pain.” App. Third, the fact that numerous courts have concluded that midazolam is likely to render an inmate insensate to pain during execution heightens the deference owed to the District Court’s findings. Because that decision was also questionable on constitutional grounds, id., at 486–488, I would be willing to revisit it in a future case. See Reuters, Chicago Tribune, New Drug Mix Used in Oklahoma Execution, Dec. 17 2010, p. 41. The offender may have found himself a changed human being. . The rape was so violent that it “separated her cervix from the back of her vagina, causing her rectum to protrude into the vaginal structure,” and tore her “entire perineum . By arrogating to himself the power to overturn that decision, Justice Breyer does not just reject the death penalty, he rejects the Enlightenment. Id., at 444–445. I recognize that in 1972 this Court, in a sense, turned to Congress and the state legislatures in its search for standards that would increase the fairness and reliability of imposing a death penalty. In their brief, petitioners attempt to deflect attention from their failure of proof regarding midazolam’s ceiling effect by criticizing Dr. Evans’ testimony. L. J. RICHARD E. GLOSSIP, et al., PETITIONERS v.KEVIN J. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. The Death Penalty in America: Current Controversies 4 (H. Bedau ed.
In 1972, when the Court decided Furman, the death penalty was lawful in 41 States. Justice Thomas catalogues the tragic details of various capital cases, ante, at 6–10 (concurring opinion), but this misses my point. Eighth Amendment. In the 1880’s, the Legislature of the State of New York appointed a commission to find “ ‘the most humane and practical method known to modern science of carrying into effect the sentence of death in capital cases.’ ” In re Kemmler, As petitioners emphasize, a number of scientific studies support the conclusion that midazolam does, in fact, have a ceiling effect, and in part for that reason has not been approved for use as an anesthetic by the FDA. And as the Court observes, ante, at 14, n. 2, the opinion of Justice Thomas, joined by Justice Scalia, took the broadest position with respect to the degree of intent that state officials must have inorder to have violated the Last Term, the Court granted relief to a man who kidnaped, beat, raped, and murdered a 21-year-old pregnant newlywed, Karol Hurst, also murdering her unborn child, and then, on the same day, murdered a sheriff’s deputy acting in the line of duty. And petitioners do not identify any incorrect statements from drugs.com on which Dr. Evans relied. ); see also id., at 189 (“[W]here discretion is afforded a sentencing body on a matter so grave as the determination of whether a human life should be taken or spared, that discretion must be suitably directed and limited so as to minimize the risk of wholly arbitrary and capricious action”); Godfrey v. Georgia, But what about retribution? 7 The fact that courts in Florida have approved the use of midazolam in this fashion is arguably slightly more relevant, though it is worth noting that the majority of these decisions were handed down before the Lockett and Wood executions, and that some relied, as here, on Dr. Evans’ testimony.

Glossip v. Gross Oral Arguments: How Painful Is 'Painful'. 329 U. S. 459, 463–464 (1947) (plurality opinion). 99 U. S. 130, 134–135 (1879), the Court upheld a sentence of death by firing squad. See, e.g., Jackson v. Danberg, 656 F. 3d 157 (CA3 2011); Beaty v. Brewer, 649 F. 3d 1071 (CA9 2011); DeYoung v. Owens, 646 F. 3d 1319 (CA11 2011); Pavatt v. Jones, 627 F. 3d 1336 (CA10 2010). Justice Scalia, with whom Justice Thomas joins, concurring. In this context, more is not necessarily better, and Dr. Evans was plainly wrong to presume it would be. The Court may be right that “petitioners do not identify any incorrect statements from drugs.com on which Dr. Evans relied.” Ante, at 27. See Earley, A Pink Cadillac, An IQ of 63, and A Fourteen-Year-Old from South Carolina: Why I Can No Longer Support the Death Penalty, 49 U. See ante, at 21, n. 5. 469 U. S. 412, 440, n. 1 (1985) (Brennan, J., dissenting) (“However heinous Witt’s crime, the majority’s vivid portrait of its gruesome details has no bearing on the issue before us. See Gross, O’Brien, Hu, & Kennedy, Rate of False Conviction of Criminal Defendants Who Are Sentenced to Death, 111 Proceeding of the National Academy of Sciences 7230 (2014) (full-scale study of all death sentences from 1973 through 2004 estimating that 4.1% of those sentenced to death are actually innocent); Risinger, Innocents Convicted: An Empirically Justified Factual Wrongful Conviction Rate, 97 J. Crim. Baze, supra, at 51. No more need be said about the constitutional arguments on which Justice Breyer relies, as my colleagues and I have elsewhere refuted them.1 But Justice Breyer’s assertion, post, at 10, that the death penalty in this country has fallen short of the aspiration that capital punishment be reserved for the “worst of the worst” —a notion itself based on an implicit proportionality principle that has long been discredited, see Harmelin v. Michigan, 501 U. S. 957, 966 (1991) (opinion of Scalia, J. when imposition of the penalty reaches a certain degreeof infrequency, it would be very doubtful that any exist-ing general need for retribution would be measurably satisfied”). The protocol also includes procedural safeguards to help ensure that an inmate remains insensate to any pain caused by the administration of the paralytic agent and potassium chloride. There is a reason the choice between life and death, within legal limits, is left to the jurors and judges who sit through the trial, and not to legal elites (or law students).2 That reason is memorialized not once, but twice, in our Constitution: Article III guarantees that “[t]he Trial of all Crimes, except in cases of Impeachment, shall be by Jury” and that “such Trial shall be held in the State where the said Crimes shall have been committed.” Art.


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