Could the U.S. Supreme Court – which is currently pondering whether the effects of lethal injection drugs used in executions constitute cruel and unusual punishment – also consider whether electrocution is unconstitutional?
That is what Nebraska Attorney General Jon Bruning is hoping for, according to a report by the Associated Press. Bruning plans to appeal a decision by the Nebraska Supreme Court, which refused to rehear a decision that electrocution violates the Eighth Amendment.
The only method of execution in the state was electrocution at the time the February ruling came down, so while the death penalty is still technically in effect in the state, there is currently no constitutional means to carry it out.
“Nebraskans overwhelmingly support the death penalty,” Bruning said yesterday. We’ll do everything possible to ensure the sentences of the state’s worst murderers are carried out.”
The Supreme Court is set to hand down its ruling on Baze v. Rees, the lethal injection case, before this term wraps up.
HT: How Appealing