Court backs Mo. death penalty procedure

[AnOhioan]

Source: Associated Press

ST. LOUIS - A federal appeals court opened the way for Missouri to resume executing inmates, ruling Monday that the state's lethal injection procedure is not cruel and unusual punishment.

The case filed on behalf of condemned killer Michael Taylor had effectively halted Missouri executions since early last year. A judge said he wanted to be sure that the three-drug injection method did not cause risk of pain and suffering.

A three-judge panel of the 8th U.S. Circuit Court of Appeals found "no evidence to indicate that any of the last six inmates executed suffered any unnecessary pain," according to its ruling.

The court's decision reversed a ruling by U.S. District Judge Fernando Gaitan Jr. ordering reforms to Missouri's lethal injection procedures. He wanted the state to involve a doctor specializing in anesthesia, but the state has been unable to find a doctor willing to participate.


Read more: http://news.yahoo.com/s/ap/20070604/ap_on_re_us/missouri_executions

[EST]

1. Lessee, here,

The state says kill somebody, so somebody else does so. Then the state, when required to assure that the procedure fits certain of society's standards, can't find any ethical person to do the killing for them, so they "court shop" until they can find a court that says if you can't find an ethical person to do the killing, revert the rulings such that you don't need that person-anybody willing to do it is ok.
Isn't this suspiciously close to legislating from the bench?

[merh]

2. shush your mouth, conservatives don't foster activists judges

it's only when dems and progressives can appoint judges or be elected are there concerns about activist judges that legislate from the bench.