The Court ruled against death-row plaintiffs in three cases who argued that an execution drug, the sedative midazolam, causes undue pain and suffering. In the process of reaching Monday's 5-4 decision, reports The New York Times, the justices broke into a larger argument about the death penalty itself. “Rather than try to patch up the death penalty’s legal wounds one at a time,” Justice Stephen Breyer wrote in dissent, “I would ask for full briefing on a more basic question: whether the death penalty violates the Constitution.”
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Supreme Court affirms death-penalty drug
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