Instead of "many" people, he should have wrote "any" people, and he should never have put the "most" in front of victims of capital crimes. Nobody gets a guarantee of a painless death.

Man, I'm already regretting this appointment.

"The Eighth Amendment does not guarantee a prisoner a painless death — something that, of course, isn’t guaranteed to many people, including most victims of capital crimes."


I thought conservatives were opposed to relying on foriegn law...and here he is relying on the code of Hammurabi.

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“Read the transcript.”

There is an ocean of distance between his rationale and lex talionis.

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If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR

Thanks for sending me to look that up. It might help in my Jeopardy! qualifier next week

No one knows for sure what that moment of Death feels like ... even the most violent outcomes could be peaceful to the victims [Black Dahlia could have gone quietly after she was strangled - I believe she was drugged & didn't struggle - and never felt all the butchery that happened to her afterwards], yet a quick but fatal brain aneurysm could have been a moment of excruciating pain beyond measure

"She went peacefully" or "He never felt a thing" could be complete bullshit

I wasn't with my Dad went he died, but my brothers told me he struggled and fought to take each breath, because he didn't want ANY of them to be his last - he was so scared, my one brother said, more scared than we'd EVER seen him

We know he died from Cancer, but Fear was a contributing factor

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"What's your claim?" - Ben Gravy
"Your best work is the work you're excited about" - Rick Rubin

His statement is completely reasonable. What's your issue with it.

I'm betting at some point, capital punishment is ruled unconstitutional.

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who's smarter than you're? i'm!

I wouldn't hold my breath on that one. Most of the cases going back to 1980 that address the Constitutionality of capital punishment in general have gone 7-2 or 8-1.

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If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR

Except it is enshrined in it.

Times change. Its closer than that now and they are apparently arguing about it and getting pissy with each other.

I don't think it will be anytime soon but maybe in a few more decades. It is the general direction of most of the world, i don't see why we won't also end up there.

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who's smarter than you're? i'm!

Like segregation?

Like anti-sodomy laws?

Please explain.

LOL! Yeah! Because the US is so quick to adopt trends from other parts of the world!

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If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR

The constitution is flawed and regardless, legal interpretations change along with society's views and the inevitable turnover of justices.

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who's smarter than you're? i'm!

It seems like the ruling should be the condemned has a right to a death not more painful than his victim. A hair's breadth less than that, tough cookies.

Neither of those are written in the Constitution

It is not interpretation it is literally "deprive of life" the only way to make unconstitutional would be by amendment.

Mot saying laws won't be adjusted penalties lessened, but it will always be constitutional

The US is founded on principles from other parts of the world. I didn't say we aren't slow to change, we are although i think we are too slow. I think a big reason why we are is because too many people think we are so great we don't need to change or can't learn from other countries. But none the less, there are SC justices who agree with me on this, and i predict there will be more in the future. Or perhaps we will just have a president declare it a national emergency and do away with it with an executive order. Thanks trump!

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who's smarter than you're? i'm!

The constitution does not say we must deprive anyone of life. It says the state can't execute without due process. That does not bar the government from doing away with the death penalty altogether.

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who's smarter than you're? i'm!

We can move away from it without requiring it to be unconstitutional.

All my proposed corrections are included in my comment. There's no misdirection here.

"Enshrine" isn't the right word. It's in the section that limits the power of the government. Because the framers didn't trust government to take life without providing strong protections to those accused. I'd called things that are "enshrined" to be the enumerated functions of government in the Constitution proper.

Capital punishment isn't an enumerated power. Doesn't have to be performed.

I agree that it's unlikely to become un-Constitutional, though. I'm just arguing it's not "enshrined."

True

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who's smarter than you're? i'm!

"Bullshit (slams gavel), next case."

I'd make a great Justice.

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The devil made me do it the first time, second time I done it on my own - W

This seems to be about more than just this case. Indeed, unusually, members of SCOTUS were arguing about the other two recent death penalty cases within this ruling...

https://www.cnn.com/...w-alabama/index.html

Yeah, that's exactly what I said (although you skipped the part where it would still be Constitutional)