“The Real Groundhog Day”

Deborah Denno, Symposium: “Groundhog Day” indeed, SCOTUSblog (Jun. 30, 2015, 2:31 PM), http://www.scotusblog.com/2015/06/symposium-groundhog-day-indeed/

“…[T]he real Groundhog Day that Justice Scalia never acknowledges is the proclivity of legislatures, courts, and prison personnel over the last thirty-plus years to perpetually disregard the oftentimes striking errors and ignorance about the lethal injection procedure and the repeated and increasingly egregious botched executions that have resulted from such inexplicable incompetence. The unfettered drug substitutions that states like Oklahoma have made in their attempts to adhere to their execution schedules have resulted in an unreliability that heightens the risk that the execution process will violate the Eighth Amendment. Over and over Justice Scalia details in Glossip and his prior opinions the crimes inmates commit. But in no way does he acknowledge the endless repetition of mistakes and brutality that departments of corrections have continued to make even when the whole world is watching the way that they conduct their executions. It does not take an “abolitionist,” but rather any concerned citizen, to realize that there is something terribly wrong with the way this country conducts executions…”

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