SCOTUS sides with inmate who wants to die by firing squad

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The Supreme Court on Thursday ruled in favor of a death row inmate in Georgia who is challenging the state's lethal injection protocol and seeks to die by firing squad -- a method not currently authorized in the state.

The court said the inmate could bring the challenge under a federal civil rights law that allows individuals to seek remedies when their Constitutional rights are violated. The decision could make it easier for inmates to challenge their potential execution method.

The 5-4 majority opinion was written by Justice Elena Kagan, with Justice Amy Coney Barrett penning a dissent joined by Justices Clarence Thomas, Samuel Alito and Neil Gorsuch.

Kagan said that the law at issue, Section 1983, "broadly authorizes suit against state officials for the deprivation of any rights secured by the Constitution."

"Read literally," she said, "that language would apply to all of a prisoner's constitutional claims."

Barrett, in her dissent, countered: "An inmate can use §1983 actions to challenge many, if not most, aspects of prison administration. But when a challenge would prevent a State from enforcing a conviction or sentence, the more rigorous, federalism-protective requirements of habeas apply."

Although Barrett noted that she "understand[s] the impulse" for prisoners to use civil rights suits rather than habeas petitions to bring such claims given the obstacles to the latter, she concluded that the proper forum for such challenges are state, rather than federal, court.

Both options sound terrible, I have to admit.

I have to admit I am curious though are any inmates sentenced to die like panicky when the day comes? Seems some movie depictions it's like they have accepted their fate and are kind of complacent. But I am wondering if the reality is they gotta drag the person they are executing kicking and screaming to be strapped into the lethal injection bed.

Why not? Makes about as much difference as picking chocolate over raspberry.

I can see the appeal. If you have to die why not die like a soldier in battle? Facing your executioners while they shoot rifles at you...rather than die by chemical means like a cow in a slaughter house?

I think the dude doesn't want a long drawn out death and bullets might seem quicker than lethal injection (which does cause convulsion and prolonged pain in some inmates)

Firing squad is thought of as being archaic.

It is, and depending on where the bullet ends up hitting you it can be painful. It might be the inmate has a phobia about needles or the thought of getting injected.

\That in general gas would be the most painless (in theory). .

Yes I would have thought anaesthetic nitrogen gas would have been the most humane way to put somebody down. Not sure why the state chooses painful methods like lethal injection or the electric chair.

But this dude wants firing squad? perhaps he wasn't to go out in a blaze of glory

No matter how mentally prepared you are, the moment of death is a terrifying prospect.

I tend to agree with the inmate because I would prefer to be shot by a 30-06 loaded with deer hunting ammo in the torso instead of lethal injection.I am very afraid of needles.Maybe I feel this way because I am a hunter.

It's not much of a bother after the first time.