Bloomberg Law
Jan. 14, 2022, 9:15 PM

Justices to Hear Execution-Alternatives Case Over Lawsuit Rules

Jordan S. Rubin
Jordan S. Rubin

The Supreme Court is set to consider the rules for litigating method-of-execution claims, which arise when inmates say they’re facing cruel and unusual punishment and therefore need to propose better ways to die.

Granting review of a Georgia prisoner’s appeal on Friday, the justices will examine whether people should raise such claims in habeas-corpus proceedings or whether they can raise them in civil-rights suits. The court will also consider whether, if habeas is the answer, the usual strict time constraints for raising challenges apply.

The issue stems from the court-created rule that people facing execution who raise Eighth Amendment cruel-and-unusual ...