Abstract

In this article I discuss in detail the Court's holding in Baze v. Rees (dec. 4/16/08) in which the Court upheld, by a vote of 7-2, the use of Kentucky's lethal injection protocol in imposing the death penalty. Chief Justice Roberts' plurality opinion could only garner 3 votes (including his own) and the article explains why this was the case. It also discusses the plurality's conclusion as to why Kentucky's protocol is acceptable, indeed desirable, compared to the alternatives. Finally it recognizes the fundamental basis for the decision: If, as conceded, the death penalty is constitutionally allowed, then there must be some way of carrying it out. The petitioner's were unable to satisfy a majority of the Court that any other alternative was significantly better.