Torture under the color of law
By In discussions of Alabama’s new execution protocol, I saw more than one Savvy comment that nitrogen gas was used for assisted suicides in Europe, so why were people concerned about this method being used by executioners in Alabama? The last for words make this a question that answers itself — believing that Alabama would apply the same precautions used in European countries is fake-sophistication on a par with “durr, it’s nominally harder to get abortions in France after 15 weeks so actually the Mississippi law Dobbs upheld is moderate, durr.” As Sotomayor observed in her dissent from the Supreme Court’s inevitable no-comment green light yesterday, the actual procedure Alabama wanted to use 1)wasn’t transparent, and 2)to the extent we knew what the state was doing obviously did not involve the careful safeguards that would prevent a slow suffocation:
Gee, I wonder if a nitrogen gas execution process in which the state can’t even be bothered to provide an airtight (let alone custom-fitted) mask will produce the almost-immediate unconsciousness the state claimed would happen and Republican Supreme Court justices (and their apologists) pretended to believe would happen? The answer will surprise the Savvy defender of the legal status quo in America and nobody else:
The gas appeared to start flowing at approximately 7:58 p.m. Smith visibly shook and writhed against the gurney for around two minutes. His arms thrashed against the restraints.
He breathed heavily, slightly gasping, for approximately seven more minutes. At one point, his wife cried out.
At 8:01 p.m., a correctional officer in the execution chamber leaned over Smith and examined his face, before stepping away and walking back to his post. Smith appeared to stop breathing at 8:08 p.m.
Hood continuously blessed Smith, making the sign of the cross throughout the execution.
The curtain closed to the execution at 8: 15 p.m.
I will observe again that exactly 1 out of 12 jurors thought that Smith should get the death penalty, so the 8th Amendment is only the beginning of the constitutional violations here. The past isn’t even past.
