The Supreme Court just tossed decades worth of Eighth Amendment law into the wastebasket.
The Supreme Court’s opinion in Bucklew v. Precythe, which it handed down Monday on a party-line vote, is at once the most significant Eighth Amendment decision of the last several decades and the cruelest in at least as much time.
Neil Gorsuch’s majority opinion tosses out a basic assumption that animated the Court’s understanding of what constitutes a “cruel and unusual” punishment for more than half a century. In the process, he writes that the state of Missouri may effectively torture a man to death — so long as it does not gratuitously inflict pain for the sheer purpose of inflicting pain.
And, on top of all of that, Gorsuch would conscript death penalty defense attorneys — men and women who often gave up lucrative legal careers to protect the lives of their clients — into the ghoulish task of laying out the method that will be used to kill those clients.
View the complete April 1 article by Ian Millhiser on the ThinkProgress website here.