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Bucklew v. Precythe Podcasts

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4 of The Best Podcast Episodes for Bucklew v. Precythe. A collection of podcasts episodes with or about Bucklew v. Precythe, often where they are interviewed.

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4 of The Best Podcast Episodes for Bucklew v. Precythe. A collection of podcasts episodes with or about Bucklew v. Precythe, often where they are interviewed.

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Bucklew v. Precythe - Post-Decision SCOTUScast

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On April 1, 2019, the Supreme Court decided Bucklew v. Precythe, a case considering the standard applicable when an offender sentenced to death raises an Eighth Amendment challenge to the state’s lethal injection procedure.
Petitioner Russell Bucklew was convicted of murder and sentenced to death by lethal injection of a single drug, pentobarbital, by the State of Missouri. Bucklew challenged the State’s injection protocol under the Eighth Amendment, alleging that regardless of whether it would cause excruciating pain for all prisoners, it would cause him severe pain because of a particular medical condition he had.
The District Court dismissed his challenge. The U.S. Court of Appeals Eighth Circuit, applying Supreme Court precedent in Baze v. Rees and Glossip v. Gross, remanded the case to allow Bucklew to identify a feasible, readily implemented alternative procedure that would significantly reduce his alleged risk of pain. Bucklew eventually suggested nitrogen hypoxia, but the District Court rejected his argument for lack of evidence. A divided Eighth Circuit panel affirmed, and the Supreme Court granted certiorari.
By a vote of 5-4, the Supreme Court affirmed the judgment of the Eighth Circuit. In an opinion delivered by Justice Gorsuch, the court held that Baze and Glossip govern all Eighth Amendment challenges alleging that a method of execution inflicts unconstitutionally cruel pain, and Bucklew’s as-applied challenge fails the Baze-Glossip test. He failed to raise a triable issue of fact regarding the viability of nitrogen hypoxia as an alternative method, and even if he had there was no showing that it would significantly reduce a substantial risk of severe pain.
Justice Gorsuch’s majority opinion was joined by the Chief Justice and Justices Thomas, Alito, and Kavanaugh. Justice Thomas and Justice Kavanaugh filed concurring opinions. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined as to all but Part III. Justice Sotomayor also filed a dissenting opinion.
To discuss the case, we have Kent Scheidegger, Legal Director & General Counsel, Criminal Justice Legal Foundation.
Aug 23 2019 · 10mins
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Courthouse Steps Decision Teleforum: Bucklew v. Precythe

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Monday, April 1st, the Supreme Court ruled on the 8th amendment case Bucklew v. Precythe. Plaintiff Russell Bucklew was sentenced to death on counts of kidnapping, rape, and murder, and the execution was to take place on May 21, 2014. However, Bucklew then filed an appeal that the lethal injection protocol to be followed would represent cruel and unusual punishment in his case because of his unique medical condition. Plaintiffs argued for an alternative execution method.
The Supreme Court, in a 5-4 decision written by Justice Neil Gorsuch, affirmed the trial court and appellate court rulings and found in favor of the respondent. The Court reasoned that the plaintiff had failed to meet his burdens of proof, based on prior Supreme Court precedent. Justice Stephen Breyer wrote a dissenting opinion, which was joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elana Kagan.

The holding has caused significant controversy, and may indicate the future of the Supreme Court on death penalty cases, as well as interpretation of the 8th amendment.
Kent Scheidegger, Legal Director & General Counsel, Criminal Justice Legal Foundation
Apr 10 2019 · 16mins
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OA267: Originalism and the Eighth Amendment (Bucklew v. Precythe)

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Today's breaking news episode takes an in-depth look at Bucklew v. Precythe, a recent Supreme Court decision that lays bare the "originalist" view of the Eighth Amendment.  Is it as bad as you think it is?  (Yes.)

We begin, however, with a look at Texas v. U.S. and the recent news that the Trump administration "changed its mind" and "will no longer defend" the Affordable Care Act.  What does that mean?  Listen and find out!

Then, it's time for our deep dive into Bucklew v. Precythe, the Supreme Court's analysis of how the 8th Amendment applies in capital punishment cases.

After that, we go back to Yodel Mountain for some updates on the congressional investigations, including the Congressional request for Trump's tax returns and an EPIC FOIA request.

And if all that isn't enough for you, well, we end, as always, with a brand new Thomas Takes the Bar Exam Question #121 involving the constitutionality of Presidential executive orders.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!


Thomas was just a guest on the Cognitive Dissonance podcast; go check it out!  If you'd like to have either of us as a guest on your show, drop us an email at

Show Notes & Links

1. Wikipedia entry on sodium thiopental can be found here. 2. Glossip v. Gross (2015) 3. Supreme Court’s opinion in Bucklew v. Precythe (Apr. 1, 2019) 4. 8th Circuit’s opinion below in Bucklew 5. Congressional letter requesting Trump’s taxes 6. Bonus! Zuckerman amicus brief in the ACA litigation.

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Apr 05 2019 · 1hr 26mins
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SCOTUS Bucklew v. Precythe, Case No. 17-8151

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Death Penalty: Must an inmate prove an adequate alternative method of execution when raising an as-applied challenge to the state's proposed method of execution? - Argued: Tue, 06 Nov 2018 10:22:22 EDT
Nov 10 2018 ·