Baze v. Rees - SCOTUS
Kentucky's lethal injection protocol does
not violate the 8th Amendment's ban on
cruel and unusual punishment because it ooes not create a substantial or objectively
intolerable risk of serious harm. The three-drug protocol is not objectively intolerable because it is
widely employed by the federal government and other states. Also, the
risk of an inadequate initial dose and IV problems are not so
substantial or imminent to violate the 8th Amendment because of the
safeguards in place. In addition, there is no feasible, alternative
method that can be readily implemented which can significantly reduce
the risk of severe pain.
Baze v. Rees, No. 07–5439 .