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Roberts Court Five: Death by Torture Does Not Violate the Eighth Amendment

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Russell Bucklew brought evidence to the Court, to quote the dissenters, “executing him by lethal injection will cause the tumors that grow in his throat to rupture during his execution, causing him to sputter, choke, and suffocate on his own blood for up to several minutes before he dies.” Alas, thanks to the 2014 midterms and the anti-democratic method the U.S. uses to select the president, he had to confront Neil Gorsuch, Amateur Historian:

“Look, the state has been using this method of execution (if you ignore critical ways it has changed that will lead to particular pain for this individual given his health condition) for a long time, so no matter how much pain it inflicts on any particular individual it must be constitutional. OK.

Running with Alito’s logic in Glossip, he also argues that states have the inherent right to carry out executions, so if individuals or corporate entities refuse to participate in the machinery of death in ways that render executions torture, the state must have the authority to torture people to death:

As Breyer’s dissent puts it:

Needless to say, taking the composition of the Supreme Court into account when casting a vote would be BLACKMAIL.

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