Interesting question pending before the U.S. Supreme Court today. The issue is whether Kentucky's statute providing for death by lethal injection in capital cases represents cruel and unusual punishment prohibited by the Constitution. At issue is the manner in which lethal injections are administered. As I understand it the first injection renders the individual unconscious. The second injection paralyzes him. The third injection induces a shut down of the system similar to a heart attack.

Apparently there have been problems with prolonged death experiences and pain. Arguments are being raised that there are statutes on the books that require humane and painless euthanasia of animals, and that the Kentucky statute fails to rise to even that level. On the other side arguments are being raised that there is no Constitutional right to a painless death.

Oddly enough the outcome of the case will not commute the death sentences at issue, but only the method by which the executions will be carried out.

The Court appears to be divided on the issue.

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