Supreme Court May Now Ban Executions by Asphyxiation

WASHINGTON - Jan. 30, 2024 - PRLog -- In view of the observations of several witnesses to the very recent execution by asphyxiation in Alabama, the Supreme Court may ban this novel method of imposing the death penalty, especially if it follows its own recent ruling, says public interest law professor John Banzhaf.

Although a divided Supreme Court refused to stay Thursday's execution of Kenneth Smith by nitrogen gas suffocation, it did so because there was no direct evidence that this new and never-before-tried method would cause any unnecessary pain and suffering, and because the Justices were not presented with a viable alternative method of causing a painless death.

According to its recent ruling on this matter, to successfully challenge a method of execution, a prisoner need simply identify a readily available alternative method of execution that would significantly reduce the risk of severe pain.

Regarding the first requirement, Alabama, eager to proceed.  Independent and impartial observers of Smith's execution are emphatic that this is not what actually in fact happened.

In view of these and other independent reports of what actually happened, the first requirement for challenging this method of execution now seems to be more than met, suggests Banzhaf.

As to the second requirement necessary to challenge a method of execution, the law professor notes that there is a "readily available alternative method of execution" which would "significantly reduce the risk of severe pain."

The simple alternative, Banzhaf suggests, and an alternative to using suffocation for executions generally - with the many legal and other challenges this method will now face in view of this botched execution - is putting the condemned on the pill.

In at least nine states (California, Colorado, Hawaii, Maine, New Jersey, New Mexico, Oregon, Vermont, and Washington) and in the District of Columbia, physicians are permitted to prescribe barbiturate pills so that terminally ill (and often old and frail) patients can achieve death with dignity without any pain or other suffering.

Providing a condemned man with barbiturate pills to cause a quick and painless death - as is done in "death with dignity" jurisdictions - is well tested, established, and accepted; and is therefore "feasible [and] readily implemented."

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