The Supreme Court today accepted a Kentucky case challenging the constitutionality of lethal injection as a form of execution. The high court involves two death row inmates Ralph Baze and Thomas Clyde Bowling Jr. Baze was scheduled for execution Tuesday night, but the Kentucky Supreme Court halted the proceedings. The case falls into the category of being careful what one asks for. This is not the Court to rule that such executions represent cruel and unusual punishment under the eighth amendment. The Court is much more likely to issue a strong decision in favor of lethal injection. Like the recent D.C. gun case, many advocates may wish that the petition was never filed because of the risk of creating bad law.
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