Glossip v. Gross: the Eighth Amendment and the Torture Court of the United States

by Edward J. Martin / January 16th, 2019

On June 29, 2015 the United States Supreme Court argued in Glossip v. Gross that executions may continue with the use of lethal drug cocktails including the use of midazolam, an extremely painful drug, which in effect, burns to death the condemned by scorching internal organs. The use of midazolam, according to the Court, does not constitute “cruel and unusual punishment” under the Eighth Amendment. The Court found that condemned prisoners can only challenge their method of execution after providing a known and available alternative method.

In dissenting views justices opened the legal door for future challenges to the death penalty. In a meticulously crafted dissent Justice Stephen G. Breyer joined by Justice Ruth Bader Ginsburg initiated a timely counterargument to capital punishment. This was joined by Justices Elena Kagan and Sonia Sotomayor in diverging dissents of their own. The dissents were significant in that they outline the legal framework for the abolition of the death penalty based on the Eighth Amendment. Nevertheless, Sotomayor and Kagan argued in separate opinions that the use of lethal chemicals in executions was intolerably painful.

In turn this begged the question, for many, as to whether or not executions could ever be legitimized since executions must necessarily involve physical or mental pain. In all democratic societies, intentionally inflicting pain on another human being is torture.

This…

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