Challenging the Constitutionality of Lethal Injection

David R. Dow, professor of law at the University of Houston

In late September, the U.S. Supreme Court agreed to consider whether lethal injection — the required method of execution in all but one of the 38 states that permit the death penalty — constitutes cruel and unusual punishment. As a result of that pending case, a Texas appeals court has put executions in the state on hold until the Supreme Court makes its ruling, later

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