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JUSTICE BREYER, concurring in the judgment.

http://www.floridasupport.us/Baze/Bazeopinion.htmCite as: 553 U. S. ____ (2008) 1 BREYER, J., concurring in judgment SUPREME COURT OF THE UNITED STATES No. 07?5439 RALPH BAZE AND THOMAS C. BOWLING, PETI-TIONERS v. JOHN D. REES, COMMISSIONER,KENTUCKY DEPARTMENT OFCORRECTIONS, ET AL. ON WRIT OF CERTIORARI TO THE SUPREME COURTOF KENTUCKY [April 16, 2008] JUSTICE BREYER, concurring in the judgment. Assuming the lawfulness of the death penalty itself,petitioners argue that Kentucky?s method of execution,lethal injection, nonetheless constitutes a constitutionallyforbidden, ?cruel and usual punishmen[t].? U. S. Const.,Amdt. 8. In respect to how a court should review such aclaim, I agree with JUSTICE GINSBURG. She highlights therelevant question, whether the method creates an untoward,readily avoidable risk of inflicting severe and unnecessarysuffering...continue to full post

Full post as published by Lethal Injection on April 16, 2008 (boomark / email).