In Glossip v. Gross, the United States Supreme Court was asked to determine whether the use of a lethal injection drug that might not prevent pain violates the Constitutional prohibition on “cruel and unusual punishment.” Last week, Justice Samuel Alito, writing for the majority, found that it doesn’t because hey, lots of people die painful deaths. ¯\_(ツ)_/¯
Our decisions in this area have been animated in part by the recognition that because it is settled that capital punishment is constitutional, “[i]t necessarily follows that there must be a [constitutional] means of carrying it out.” And because some risk of pain is inherent in any method of execution, we have held that the Constitution does not require the avoidance of all risk of pain. After all, while most humans wish to die a painless death, many do not have that good fortune. Holding that the Eighth Amendment demands the elimination of essentially all risk of pain would effectively outlaw the death penalty altogether.
Pro-lifers, does this argument sound familiar? It should. It’s the pro-execution equivalent of “over half of pregnancies end in miscarriage, so who really cares about killing an embryo?” It’s wrong in both instances, for the obvious reason that not everything that happens naturally is OK to do to another person. Everyone dies, one way or another, but we still have a responsibility not to deliberately or recklessly take their lives. Everyone experiences pain, but it’s wrong to be cruel. Everyone’s life ends, but that doesn’t mean it doesn’t matter how.
