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New Death Penalty Ruling Highlights Tension in the Supreme Court

The Supreme Court ruled that an inmate in Missouri could be put to death via lethal injection, despite the fact that he claims it would be cruel and unusual due to a medical condition he has. This decision comes in the midst of public criticism over other recent Supreme Court death penalty rulings. In February, […]

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4 years ago

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  • The Supreme Court ruled that an inmate in Missouri could be put to death via lethal injection, despite the fact that he claims it would be cruel and unusual due to a medical condition he has.
  • This decision comes in the midst of public criticism over other recent Supreme Court death penalty rulings.
  • In February, the Supreme Court denied a Muslim inmate the right to have an Imam with him at the time of execution, but last week voted in favor of a Buddhist man making a similar case.

Case in Missouri

The Supreme Court ruled 5-4 on Monday, agreeing that a man in Missouri could be put to death via lethal injection, despite his claim that it would cause him severe pain due to a rare medical condition.

Inmate Russell Bucklew has a disease called cavernous hemangioma, which means he has blood-filled tumors in his neck, throat, and head. Bucklew and his lawyers say that the chemical compounds in a lethal injection would cause the tumors to rupture, meaning he would bleed from those areas, and be in extreme pain. They argue that because of this, lethal injection would be a cruel and unusual punishment, and suggest using a gas chamber instead.

The Supreme Court, however, ruled against this, citing that the Eighth Amendment, which prohibits cruel and unusual punishment, does not prohibit painful punishments.

“The Eighth Amendment does not guarantee a prisoner a painless death—something that, of course, isn’t guaranteed to many people, including most victims of capital crimes,” Justice Niel Gorsuch wrote in the majority opinion.

He also cited that Bucklew had postponed his sentencing twice, once in 2014 and once in 2018, and claimed he was merely trying to delay it again. Gorsuch also wrote that Bucklew and his lawyers did not make a case for the gas chamber, saying they “failed to present colorable evidence that nitrogen would significantly reduce his risk of pain.”

Similar Cases in Alabama and Texas

This case is the most recent in a slew of cases regarding the death penalty that have caused tension within the Supreme Court.

In early February, the court heard the case of Domineque Hakim Ray. Ray requested that his Inam, a Muslim religious leader, be present during his execution. However, the Alabama prison he was in denied his request. The prison would only allow their Christian minister to be present and said his Imam would be allowed to watch from behind a glass window in the next room.

Ray claimed this case violated the First Amendment by giving rights to those who follow Christianity, but not to others. However, the Supreme Court ruled 5-4 that Ray’s execution could be carried out without his Imam. They claimed he did not bring the matter up in a timely manner, as he brought the issue up 10 days before his sentencing. A few days later, Ray was executed.

A case in March tackled a similar issue. Patrick Henry Murphy, an inmate in Texas, requested a Buddhist leader be present while his death sentence was carried out, and was denied this by his prison. On March 28, the Supreme Court ruled 7-2 to allow him a stay of execution, hours before his scheduled sentencing.

These two different rulings on two similar cases have left many confused. However, there are differences in state laws that could have factored into these desicions.

Alabama states that only Department of Corrections employees are allowed in the chamber, and those employees include a Christian minister.

Whereas in Texas, an inmate is allowed to be accompanied by a religious leader, but the state interpreted the law to mean a religious leader who works for the Texas Department of Criminal Justice. The TDCJ has both a Christian and Muslim leader, but not a Buddhist. However, the Supreme Court ruled this interpretation to be unconstitutional.

Even with this, many argue that the core arguments in each case were very similar. So, do these split rulings mean anything for the future of the Supreme Court?

Some legal experts say that this shows the shift the court will now have due to Brett Kavanaugh’s appointment, which gave the conservatives a stronghold in the court.

Jessica Levinson, a professor at Loyola Law School, told CNN that particularly in death penalty cases, stakes are very high, and stronger rifts come out.

“The stakes do not get higher than they do in death penalty cases,” she said. “And the arguments between the justices and rifts in the court may only get louder and deeper.”

See What Others Are Saying: (NPR) (Slate) (The Los Angeles Times)

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U.S.

White Supremacist Propaganda Reached Record High in 2022, ADL Finds

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2 weeks ago

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March 9, 2023

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 “We cannot sit idly by as these extremists pollute our communities with their hateful trash,” ADL CEO Jonathan Greenblatt said.

White supremacist propaganda in the U.S. reached record levels in 2022, according to a report published Wednesday by the Anti-Defamation League’s Center of Extremism.

The ADL found over 6,700 cases of white supremacist propaganda in 2022, which marks a 38% jump from the nearly 4,900 cases the group found in 2021. It also represents the highest number of incidents ever recorded by the ADL. 

The propaganda tallied by the anti-hate organization includes the distribution of racist, antisemitic, and homophobic flyers, banners, graffiti, and more. This propaganda has spread substantially since 2018, when the ADL found just over 1,200 incidents. 

“There’s no question that white supremacists and antisemites are trying to terrorize and harass Americans with their propaganda,” ADL CEO Jonathan Greenblatt said in a statement. “We cannot sit idly by as these extremists pollute our communities with their hateful trash.” 

The report found that there were at least 50 white supremacist groups behind the spread of propaganda in 2022, but 93% of it came from just three groups. One of those groups was also responsible for 43% of the white supremacist events that took place last year. 

White supremacist events saw a startling uptick of their own, with the ADL documenting at least 167, a 55% jump from 2021. 

Propaganda was found in every U.S. state except for Hawaii, and events were documented in 33 states, most heavily in Massachusetts, California, Ohio, and Florida.

“The sheer volume of white supremacist propaganda distributions we are documenting around the country is alarming and dangerous,” Oren Segal, Vice President of the ADL’s Center on Extremism said in a statement. “Hardly a day goes by without communities being targeted by these coordinated, hateful actions, which are designed to sow anxiety and create fear.”

“We need a whole-of-society approach to combat this activity, including elected officials, community leaders, and people of good faith coming together and condemning this activity forcefully,” Segal continued. 

See what others are saying: (Axios) (The Hill) (The New York Times)

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Adidas Financial Woes Continue, Company on Track for First Annual Loss in Decades

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2 weeks ago

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March 8, 2023

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Adidas has labeled 2023 a “transition year” for the company. 

Yeezy Surplus 

Adidas’ split with musician Kanye West has left the company with financial problems due to surplus Yeezy products, putting the sportswear giant in the position to potentially suffer its first annual loss in over 30 years. 

Adidas dropped West last year after he made a series of antisemitic remarks on social media and other broadcasts. His Yeezy line was a staple for Adidas, and the surplus product is due, in part, to the brand’s own decision to continue production during the split.

According to CEO Bjorn Gulden, Adidas continued production of only the items already in the pipeline to prevent thousands of people from losing their jobs. However, that has led to the unfortunate overabundance of Yeezy sneakers and clothes. 

On Wednesday, Gulden said that selling the shoes and donating the proceeds makes more sense than giving them away due to the Yeezy resale market — which has reportedly shot up 30% since October.

“If we sell it, I promise that the people who have been hurt by this will also get something good out of this,” Gulden said in a statement to the press. 

However, Gulden also said that West is entitled to a portion of the proceeds of the sale of Yeezys per his royalty agreement.

The Numbers 

Adidas announced in February that, following its divergence from West, it is facing potential sales losses totaling around $1.2 billion and profit losses of around $500 million. 

If it decides to not sell any more Yeezy products, Adidas is facing a projected annual loss of over $700 million.

Outside of West, Adidas has taken several heavy profit blows recently. Its operating profit reportedly fell by 66% last year, a total of more than $700 million. It also pulled out of Russia after the country’s invasion of Ukraine last year, which cost Adidas nearly $60 million dollars. Additionally, China’s “Zero Covid” lockdowns last year caused in part a 36% drop in revenue for Adidas compared to years prior.

As a step towards a solution, Gulden announced that the company is slashing its dividends from 3.30 euros to 0.70 euro cents per share pending shareholder approval. 

Adidas has labeled 2023 a “transition year” for the company. 

“Adidas has all the ingredients to be successful. But we need to put our focus back on our core: product, consumers, retail partners, and athletes,” Gulden said. “I am convinced that over time we will make Adidas shine again. But we need some time.”

See what others are saying: (The Washington Post) (The New York Times) (CNN)

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Immigration Could Be A Solution to Nursing Home Labor Shortages

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2 weeks ago

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March 7, 2023

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98% of nursing homes in the United States are experiencing difficulty hiring staff. 

The Labor Crisis 

A recent National Bureau of Economic Research paper has offered up a solution to the nursing home labor shortage: immigration. 

According to a 2022 American Health Care Association survey, six in ten nursing homes are limiting new patients due to staffing issues. The survey also says that 87% of nursing homes have staffing shortages and 98% are experiencing difficulty hiring. 

The National Bureau of Economic Research (NBER) outlined in their paper that increased immigration could help solve the labor shortage in nursing homes. Immigrants make up 19% of nursing home workers.

With every 10% increase in female immigration, nursing assistant hours go up by 0.7% and registered nursing hours go up by 1.1% And with that same immigration increase, short-term hospitalizations of nursing home residents go down by 0.6%.

The Solution 

Additionally, the State Department issued 145% more EB-3 documents, which are employment-based visas, for healthcare workers in the 2022 fiscal year than in 2019, suggesting that more people are coming to the U.S. to work in health care. 

However, according to Skilled Nursing News, in August of 2022, the approval process from beginning to end for an RN can take between seven to nine months. 

Displeasure about immigration has exploded since Pres. Joe Biden took office in 2021. According to a Gallup study published in February, around 40% of American adults want to see immigration decrease. That is a steep jump from 19% in 2021, and it is the highest the figure has been since 2016.

However, more than half of Democrats still are satisfied with immigration and want to see it increased. But with a divided Congress, the likelihood of any substantial immigration change happening is pretty slim. 

See what others are saying: (Axios) (KHN) (Skilled Nursing News)

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