That's the position of Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor, and Elena Kagan according to the LA Times.
Justice Elena Kagan cast her first recorded vote on the Supreme Court late Tuesday, joining the liberals in dissent when the high court cleared the way for the execution of an Arizona murderer.
The 5-4 ruling overturned orders by a federal judge in Phoenix and the U.S. 9th Circuit Court of Appeals in San Francisco that had stopped the execution by lethal injection of Jeffrey Landrigan.
His lawyers, in a last-ditch appeal, had raised questions about one of the drugs used in the execution. Since the only U.S. manufacturer of sodium thiopental had suspended production, Arizona officials said they had obtained a supply of the drug from a British company.
A judge had put the execution on hold because she said she was "left to speculate" whether this drug was safe for its intended use.
However, the Court majority (Chief Justice John G. Roberts Jr. and Justices Anthony M. Kennedy, Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr.) wrote,
"There is no evidence in the record to suggest that the drug obtained from a foreign source is unsafe," the justices said, and "speculation cannot substitute for evidence that the use of the drug is 'sure or very likely to cause serious illness and needless suffering'."Once I thought it odd the execution lethal injection prep required swabbing the injection spot on the condemned's arm with alcohol. If safer lethal injection drugs are required by the courts, swabbing would be understandable as we wouldn't want the condemned to die from any unforeseen infection. That would be cruel.
The life of Indigo Red is full of adventure. Tune in next time for the Further Adventures of Indigo Red.