Politics

Justices Uphold Use of Drug Implicated in Botched Executions

Published

9 years ago

June 29, 2015

This Friday, July 25, 2014 file photo shows bottles of midazolam at a hospital pharmacy in Oklahoma City. On Monday, June 29, 2015, The Supreme Court voted 5-4 in a case from Oklahoma saying that the sedative midazolam can be used in executions without violating the Eighth Amendment prohibition on cruel and unusual punishment. (AP Photo/Sue Ogrocki, File)

Mark Sherman, ASSOCIATED PRESS

WASHINGTON (AP) — A deeply divided Supreme Court upheld the use of a controversial drug in lethal-injection executions Monday, even as two dissenting justices said for the first time they think it’s “highly likely” the death penalty itself is unconstitutional.

The justices voted 5-4 in a case from Oklahoma that the sedative midazolam can be used in executions without violating the Eighth Amendment prohibition on cruel and unusual punishment.

The drug was used in executions in Arizona, Ohio and Oklahoma in 2014 that took longer than usual and raised concerns that it did not perform its intended task of putting inmates into a coma-like sleep.

Justice Samuel Alito said for a conservative majority that arguments the drug could not be used effectively as a sedative in executions are speculative and he dismissed problems in executions in Arizona and Oklahoma as “having little probative value for present purposes.”

In dissent, Justice Sonia Sotomayor said, “Under the court’s new rule, it would not matter whether the state intended to use midazolam, or instead to have petitioners drawn and quartered, slowly tortured to death, or actually burned at the stake.”

Alito responded, saying “the dissent’s resort to this outlandish rhetoric reveals the weakness of its legal arguments.”

In a separate dissent, Justice Stephen Breyer said the time has come for the court to debate whether the death penalty itself is constitutional. Justice Ruth Bader Ginsburg joined Breyer’s opinion.

“I believe it highly likely that the death penalty violates the Eighth Amendment,” Breyer said, drawing on the cases he has reviewed in more than 20 years on the Supreme Court bench.

More than 100 death row-inmates have been exonerated, showing that the death penalty is unreliable, Breyer said. He said it also is imposed arbitrarily, takes far too long to carry out and has been abandoned by most of the country. Last year, just seven states carried out executions, he said.

In an extremely unusual turn, four justices read their opinions from the bench in the lethal execution case. Justice Antonin Scalia, part of the court’s majority on Monday, read a brief reply to Breyer. “Welcome to Groundhog Day,” Scalia said, noting that the court has repeatedly upheld the use of capital punishment.

The Supreme Court’s involvement in the case began in January with an unusually public disagreement among the justices over executions.

Then, the court refused to block Oklahoma inmate Charles Warner’s execution despite the objection of the four liberal justices. In a strongly worded dissent for the four, Sotomayor said, “The questions before us are especially important now, given states’ increasing reliance on new and scientifically untested methods of execution.”

Eight days later, the justices agreed to hear the case of three other Oklahoma death-row prisoners. It takes just four votes among the nine justices to agree to hear a case, but five votes to place a hold on an execution.

When the case was argued in late April, the justices engaged in combative exchanges about the Oklahoma case and impassioned debate about capital punishment more generally.

Among the conservatives, Alito said death penalty opponents are waging a “guerrilla war” against executions by working to limit the supply of more effective drugs. On the other side, liberal Justice Elena Kagan contended that the way states carry out most executions amounts to having prisoners “burned alive from the inside.”

In 2008, the court upheld Kentucky’s use of a three-drug execution method that employed a barbiturate as the first drug, intended to render the inmate unconscious. But because of problems obtaining drugs, no state uses the precise combination at issue in that earlier Supreme Court case.

Four states have used midazolam in executions: Arizona, Florida, Ohio and Oklahoma. Also, Alabama, Arkansas, Louisiana and Virginia allow for midazolam, but they have not used it in executions.

Last April’s execution of Clayton Lockett was the first time Oklahoma used midazolam. Lockett writhed on the gurney, moaned and clenched his teeth for several minutes before prison officials tried to halt the process. Lockett died after 43 minutes.

Executions in Arizona and Ohio that used midazolam also went on longer than expected as the inmates gasped and made other noises before dying.

Meanwhile, the court challenge has prompted Oklahoma to approve nitrogen gas as an alternative death penalty method if lethal injections aren’t possible, either because of a court ruling or a drug shortage.
Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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‘Donald Trump Is Not a God:’ Rep. Bennie Thompson Blasts Trump’s Call to Jail Him

“Donald Trump is not a god,” U.S. Rep. Bennie Thompson, D-Miss., told The Grio during a recent interview, reacting to Trump’s unsupported claims that the congressman, along with other committee members like vice chair and former Republican Rep. Liz Cheney, destroyed evidence throughout the investigation.

Published

8 hours ago

December 18, 2024

Oakland Post

Congressman Bennie Thompson, D-Miss. Courtesy photo.

By Post Staff

U.S. Rep. Bennie Thompson, D-Miss., said he not intimidated by President-elect Donald Trump, who, during an interview on “Meet the Press,” called for the congressman to be jailed for his role as chairman of the special congressional committee investigating Trump’s role in the Jan. 6, 2021, mob attack on the U.S. Capitol.

“Donald Trump is not a god,” Thompson told The Grio during a recent interview, reacting to Trump’s unsupported claims that the congressman, along with other committee members like vice chair and former Republican Rep. Liz Cheney, destroyed evidence throughout the investigation.

“He can’t prove it, nor has there been any other proof offered, which tells me that he really doesn’t know what he’s talking about,” said the 76-year-old lawmaker, who maintained that he and the bipartisan Jan. 6 Select Committee – which referred Trump for criminal prosecution – were exercising their constitutional and legislative duties.

“When someone disagrees with you, that doesn’t make it illegal; that doesn’t even make it wrong,” Thompson said, “The greatness of this country is that everyone can have their own opinion about any subject, and so for an incoming president who disagrees with the work of Congress to say ‘because I disagree, I want them jailed,’ is absolutely unbelievable.”

When asked by The Grio if he is concerned about his physical safety amid continued public ridicule from Trump, whose supporters have already proven to be violent, Thompson said, “I think every member of Congress here has to have some degree of concern, because you just never know.”

This story is based on a report from The Grio.

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City of Oakland Celebrates Reopening of Main Library

“Libraries are such critical facilities for all Oaklanders, whether it’s children coming to story-time, adults reading the newspapers or borrowing the latest novels, and people engaging with a range of services and programs that the library hosts,” said Council President and District 2 Councilmember Nikki Fortunato Bas. “Such library services and programs are only possible when the facility’s electricity, heating, roof, and lighting are fixed and running efficiently. I’m proud to join this re-opening of our Main Public Library.”

Published

8 hours ago

December 18, 2024

Oakland Post

Left to Right- Jamie Turbak, Director of Library Services, LaTonda Simmons, Assistant City Administrator, Nikki Bas, President Oakland City Council, Shen Thao, Mayor of Oakland, Carroll Fife, Oakland City Councilmember District 3, Harold Duffey, Assistant City Administrator, Sean Maher, Projects Coordinator. Photo by Kevin Hicks.

The branch had been closed since May for critical infrastructure upgrades

Special to the Post

The City of Oakland leadership and community partners gathered to celebrate the reopening of the Main Library after completion of critical infrastructure upgrades to enhance the library’s facilities and provide a better experience for patrons.

Renovations include new roof installation, skylight repair, critical electrical system upgrades, new boiler control system installation, auditorium heating and cooling system installation, and improvements to lighting, flooring and ceilings throughout the building.

“This is truly something to celebrate, the reopening of our wonderful Main Library! I congratulate the staff and our partners for this important project to make the Main Library a more comfortable place for everyone for years to come, said Oakland Mayor Sheng Thao. “Thank you to Oakland voters and the California State Library for making these crucial improvements possible.”

“Public libraries are a wonderful resource for our residents, offering a safe space for learning and being,” said District 3 Councilmember Carroll Fife. “It is critical to improve and modernize our libraries so more members of our community can utilize and enjoy them. I’m excited that the necessary renovations to the Main Library have been completed successfully and thank everyone involved, particularly the City team, who helped secured the necessary grant funds for this work.”

“I am proud of the City staff and project partners who kept this important project on schedule and under budget,” said Assistant City Administrator G. Harold Duffey. “The library is an incredibly important resource for our community members, and this project is an investment into the library’s future.”

“December 2nd was a momentous occasion for Oakland Public Library as we proudly reopened the doors of the Main Library following extensive infrastructure repairs,” said Director of Library Services Jamie Turbak. “Closing the Main Library for six months was no easy decision, as it serves as the central hub for our library system and is truly the heart of Oakland. Yet, this renovation was essential, representing more than just physical upgrades—it reflects our ongoing commitment to creating a safe, welcoming space for everyone.”

The City Administrator Jestin Johnson also attended the press conference and signalled his support for the completion of the record-setting completion of the renovations. Gay Plair Cobb, a newly appointed Library Commissioner said the Library represents the soul and brains of our community.

The Oakland Public Library secured funding for these crititcal repairs through a variety of sources. The California State Library’s Building Forward Library Facilities Improvement Program awarded the Main Branch $4.2 million. To comply with the grant terms, the City of Oakland provided matching funds through Measures KK, as approved by the Oakland City Council in October 2023.

The Main Library will host an Open House to celebrate the reopening on February 22, 2025, 10 a.m. – 5:00 p.m.

About the Oakland Public Library

The Oakland Public Library is a part of the City of Oakland in California and has been in existence since 1878. Locations include 16 neighborhood branches, a Main Library, a Second Start Adult Literacy Program, the Oakland Tool Lending Library, and the African American Museum and Library at Oakland (AAMLO). The Oakland Public Library empowers all people to explore, connect, and grow. Oaklandlibrary.org

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Biden’s Legacy Secured with Record-Setting Black Judicial Appointments

His record surpasses previous efforts by his predecessors. President Jimmy Carter appointed 37 Black judges, including seven Black women. In stark contrast, Donald Trump’s first term resulted in only two Black women appointed out of 234 lifetime judicial nominations. The White House said Biden’s efforts show a broader commitment to racial equity and justice.

Published

9 hours ago

December 18, 2024

Oakland Post

iStockphoto.

By Stacy M. Brown
WI Senior Writer

President Joe Biden’s commitment to diversifying the federal judiciary has culminated in a historic achievement: appointing 40 Black women to lifetime judgeships, the most of any president in U.S. history.

Biden has appointed 62 Black judges, cementing his presidency as one focused on promoting equity and representation on the federal bench.

The White House said Biden’s efforts show a broader commitment to racial equity and justice.

Meanwhile, Trump has vowed to dismantle key civil rights protections, including the Justice Department’s Civil Rights Division.

“Having the Black woman’s experience on the federal bench is extremely important because there is a different kind of voice that can come from the Black female from the bench,” Delores Jones-Brown, professor emeritus at John Jay College of Criminal Justice, told reporters.

Lena Zwarensteyn of the Leadership Conference on Civil and Human Rights told reporters that these district court judges are often the first and sometimes the final arbiters in cases affecting healthcare access, education equity, fair hiring practices, and voting rights.

“Those decisions are often the very final decisions because very few cases actually get heard by the U.S. Supreme Court,” Zwarensteyn explained.

Biden’s nomination of Justice Ketanji Brown Jackson to the Supreme Court further reflects his commitment to judicial diversity. Jackson became the first Black woman to serve on the nation’s highest court.

Patrick McNeil, spokesperson for the Leadership Conference, pointed out that over half of Biden’s Black female judicial appointees have backgrounds as civil rights attorneys and public defenders, experience advocates consider essential for a balanced judiciary.

Meanwhile, Congress remains divided over the expansion of federal judgeships. Legislation to add 66 new judgeships—approved unanimously by the Senate in August—stalled in the GOP-controlled House until after the election. House Republicans proposed distributing the new judgeships over the next decade, giving three administrations a say in appointments. President Biden, however, signaled he would veto the bill if it reached his desk.

Rep. Jerry Nadler, D-N.Y., argued the delay was a strategic move to benefit Trump’s potential return to office. “Donald Trump has made clear that he intends to expand the power of the presidency and giving him 25 new judges to appoint gives him one more tool at his disposal,” Nadler said.