- Early Tuesday morning, the United States went forward with its first federal execution since 2003.
- The move comes after the Supreme Court rejected a last-minute injunction filed by a federal judge to stop the execution.
- The judge argued that legal challenges needed to play out in court to determine if the federal lethal injections, which use a drug called pentobarbital, amount to cruel and unusual punishment, thus violating the Constitution.
- According to the injunction, the evidence presented to the court showed pentobarbital injections risk causing the feeling of drowning or asphyxiation.
President Donald Trump’s administration officially carried out the first federal execution in 17 years on Tuesday after a day of legal whiplash.
The inmate who was put to death had been convicted of three counts of murder in aid of racketeering in 1999 after he and another man killed a family of three, including a child, in Arkansas. Court documents allege that the murders were part of a broader plan to create a white supremacist community in the Pacific Northwest.
The man, who has been on death row at a federal prison in Indiana for 20 years, was executed by lethal injection and pronounced dead just after 8 a.m. According to the pool report, shortly before his death, he insisted he was innocent.
The execution marks the first time that the federal government has used the death penalty since Attorney General Bill Barr announced that the Trump administration would resume federal capital punishment last summer.
In that decision, Barr also mandated that all the executions be conducted via a single-drug lethal injection known as pentobarbital. The Justice Department was initially set to execute the man who was killed Tuesday as well as four others in December and January, but that plan was blocked by U.S. District Judge Tanya Chutkan of the District of Columbia.
In her injunction stopping the executions, Chutkan argued that using a single procedure for all federal executions violated the federal Death Penalty Act, which requires federal executions to be carried out in a way prescribed by the state where the prisoner was convicted. If that state does not have the death penalty, the prisoner can be moved to a death penalty state and will follow their execution orders.
Chutkan’s argument was that while lethal injection is the primary execution method in the U.S., the type and number of drugs used vary from state to state. However, in April, the D.C. Appeals Court struck down Chutkan’s ruling and the Supreme Court declined to hear the case, thus allowing the executions to go forward.
Following the Appeals Court ruling, the executions were rescheduled. On Monday, the day of the first planned injection, Chutkan filed another injunction seeking to block the execution of the man killed Tuesday as well as three others set to take place this week.
In her ruling, Chutkan argued that before the inmates could be executed, legal challenges needed to play out in court to determine if pentobarbital injections can be considered cruel and unusual and thus violate the Eighth Amendment of the Constitution.
She explained that people injected with pentobarbital risk experience flash pulmonary edema, which is the rapid build-up of fluid in the lungs that causes the feeling of drowning or asphyxiation resulting in “extreme pain, terror and panic.”
Chukan also wrote that the scientific evidence provided to the court “overwhelmingly indicates” that pentobarbital “is very likely to cause Plaintiffs extreme pain and needless suffering during their executions.”
The evidence submitted by the plaintiff’s experts, she said, showed that the “majority of inmates” executed by pentobarbital injections “suffered flash pulmonary edema during the procedure.”
The Justice Department quickly responded to the injunction, appealing to both the D.C. Circuit Court of Appeals and the Supreme Court, and arguing that the preparations were already underway and that Chutkan’s order served “to scramble those plans with a meritless injunction.”
Supreme Court Decision
At around 2 a.m. Tuesday, the Supreme Court issued an unsigned, 5-4 opinion rejecting the last-minute legal bid and siding with the DOJ.
In the order, the court said that the inmates had virtually no chance of winning their argument that pentobarbital injections were cruel and unusual. The court also noted that pentobarbital had been used in “over 100 executions, without incident,” and that its use had been upheld by the Supreme Court last year.
The court decision also noted that the inmates “have not made the showing required to justify last-minute intervention by a federal court.”
The court’s four liberal justices opposed the decision in two separate dissenting opinions. Leading the first dissent, Justice Stephen Breyer raised broader questions about the constitutionality of capital punishment. He wrote that the death penalty is “is often imposed arbitrarily,” noting that the other man involved in the murders— who was considered more culpable— had received a life sentence.
In the other dissent, Justice Sonia Sotomayor condemned the rush to execute the same man.
“The court forever deprives respondents of their ability to press a constitutional challenge to their lethal injections, and prevents lower courts from reviewing that challenge,” she wrote. “In its hurry to resolve the government’s emergency motions, I fear the court has overlooked not only its prior ruling, but also its role in safeguarding robust federal judicial review.”
Notably, the court also refused to consider a claim filed by the 81-year-old mother of one of victims of the man being put to death to have the execution delayed.
In her suit, the woman argued that that the decision to hold the execution during the pandemic forced her and others to choose between their health and attending. She also claimed that the federal Bureau of Prisons had not taken the necessary steps to protect her and other execution witnesses.
While the Supreme Court did not issue an opinion or dissent on that matter, that DOJ argued against it, writing in court filings that it took their accounts “seriously, in accordance with their terrible loss and distinctive perspective.” The department also said that it was not required to factor in “the availability and travel preferences of those attending the execution when scheduling it.”
Editor’s Note: At Rogue Rocket, we make it a point to not include the names and pictures of mass murderers, suspected mass murderers, or those planning to commit a crime of that nature and may have done so with the intent to seek attention or infamy. Therefore, we will not be linking to other sources, as they may contain these details.
Lawmakers Call For Action as Oil Companies Post Record Profits Amid Rising Gas Prices
A recent analysis from the Center for American Progress found that the top five oil companies earned over 300% more in profits during the first quarter of 2022 than the same period last year.
As Consumer Prices Climb, Big Oil Profits
American oil companies are facing increased scrutiny over profiteering practices as gas prices continue to surpass record highs driven by Russia’s ongoing war in Ukraine.
Last week, costs surged to above $4 per gallon in all 50 states for the first time ever, according to the auto club AAA. Prices are currently averaging over $4.59 per gallon nationwide, which is 50% higher than they were this time last year.
In addition to consumers hurting at the pump, there are also rising concerns for industries that rely on fuel and oil like trucking, freight, airlines, and plastic manufacturers.
To account for high prices, some in sectors have responded by ramping up prices further down the supply chain to account for costs, putting even more of a burden on consumers to pay for everyday items.
But as Americans struggle with sky-high gas prices at a time of record inflation, recently released earnings reports show that many of the world’s largest oil companies thrived in the first quarter of 2022.
ExxonMobil more than doubled its earnings from the same period last year, reporting a net profit of $5.5 billion. Meanwhile, Chevron logged its best quarterly earnings in almost a decade, and Shell had its highest earnings ever.
According to a new analysis conducted by the Center for American Progress, the top five oil companies — including the three mentioned above — earned over 300% more in profits this quarter than during the same time last year.
“In fact, these five companies’ first-quarter profits alone are equivalent to almost 28 percent of what Americans spent to fill up their gas tanks in the same time period,” the report noted.
Per Insider, for at least four of those companies, that growth marks a tremendous increase in profits from even before the pandemic.
Lawmakers Ramp-Up Efforts to Reduce Prices
To address these startling disparities, federal lawmakers have moved in recent weeks to increase pressure on oil companies and take steps to lower prices.
On Thursday, the House of Representatives passed a bill proposed by Rep. Katie Porter (D-Ca.) that aims to reduce gas prices. The legislation, called The Consumer Fuel Price Gouging Prevention Act, would give the president the authority to issue an Energy Emergency Declaration that would be effective for up to 30 days with the possibility of being renewed.
In that emergency period, it would be illegal for anyone to increase gas or home energy fuel prices to a level that is exploitative or “unconscionably excessive.”
The proposal would also give the Federal Trade Commission the power to investigate and manage instances of price gouging from larger companies and give state authorities the ability to enforce price-gouging violations in civil courts.
The bill, which has already seen widespread opposition from Republicans and extensive lobbying from pro-oil interest groups, faces an uphill battle in the 50-50 split Senate.
During debate on the act Thursday, Rep. Porter delivered an impassioned speech accusing oil companies of driving their record profits by using their market power to unfairly increase prices.
“The oil and gas industry currently has more than 9,000 permits to drill for oil on federal land, but they are deliberately keeping production low to please their investors and increase their short-term profits,” she said. “Even when the price of crude oil falls, oil and gas companies have refused to pass those savings on to consumers.”
“Let me be clear: price gouging is anti-capitalist,” Porter continued. “It exploits a lack of competition, which is a hallmark of capitalism. It is an effort to juice corporate profits at the expense of customers. Energy markets are reeling because of Russia’s invasion of Ukraine. Big oil companies, however, are using this temporary chaos to cover up their abuse.”
See what others are saying: (The Washington Post) (Vox) (NPR)
Lincoln College to Close for Good After COVID and Ransomware Attack Ruin Finances
Last year, 1,043 schools in the U.S. were the victim of ransomware attacks, including 26 colleges or universities, according to an analysis by Emsisoft.
One of the Only Historically Black Colleges in the Midwest Goes Down
After 157 years of educating mostly Black students in Illinois, Lincoln College will close its doors for good on Friday.
The college made the announcement last month, citing financial troubles caused by the coronavirus pandemic and a ransomware attack in December.
Enrollment dropped during the pandemic and the administration had to make costly investments in technology and campus safety measures, according to a statement from the school.
A shrinking endowment put additional pressure on the college’s budget.
The ransomware attack, which the college has said originated from Iran, thwarted admissions activities and hindered access to all institutional data. Systems for recruitment, retention, and fundraising were completely inoperable at a time when the administration needed them most.
In March, the college paid the ransom, which it has said amounted to less than $100,000. But according to Lincoln’s statement, subsequent projections showed enrollment shortfalls so significant the college would need a transformational donation or partnership to make it beyond the present semester.
The college put out a request for $50 million in a last-ditch effort to save itself, but no one came forward to provide it.
A GoFundMe aiming to raise $20 million for the college only collected $2,452 as of Tuesday.
Students and Employees Give a Bittersweet Goodbye
“The loss of history, careers, and a community of students and alumni is immense,” David Gerlach, the college’s president, said in a statement.
Lincoln counts nearly 1,000 enrolled students, and those who did not graduate this spring will leave the institution without degrees.
Gerlach has said that 22 colleges have worked with Lincoln to accept the remaining students, including their credits, tuition prices, and residency requirements.
“I was shocked and saddened by that news because of me being a freshman, so now I have to find someplace for me to go,” one student told WMBD News after the closure was announced.
When a group of students confronted Gerlach at his office about the closure, he responded with an emotional speech.
“I have been fighting hard to save this place,” he said. “But resources are resources. We’ve done everything we possibly could.”
On April 30, alumni were invited back to the campus to revisit the highlights of their college years before the institution closed.
On Saturday, the college held its final graduation ceremony, where over 200 students accepted their diplomas and Quentin Brackenridge performed the Lincoln Alma Mater.
Last year, 1,043 schools in the U.S. were the victim of ransomware attacks, including 26 colleges or universities, according to an analysis by Emsisoft.
See what others are saying: (The New York Times) (Herald Review) (CNN)
U.S. Tops One Million Coronavirus Deaths, WHO Estimates 15 Million Worldwide
India’s real COVID death toll stands at about 4.7 million, ten times higher than official data, the WHO estimated.
One Million Dead
The United States officially surpassed one million coronavirus deaths Wednesday, 26 months after the first death was reported in late February of 2020.
Experts believe that figure is likely an undercount, since there are around 200,000 excess deaths, though some of those may not be COVID-related.
The figure is the equivalent of the population of San Jose, the tenth-largest city in the U.S., vanishing in just over two years. To put the magnitude in visual perspective, NECN published a graphic illustrating what one million deaths looks like.
At the beginning of the pandemic, the White House predicted between 100,000 and 240,000 Americans would die from the coronavirus in a best-case scenario.
By February 2021, over half a million Americans had died of COVID.
The coronavirus has become the third leading cause of death in the U.S. behind heart disease and cancer.
The pandemic’s effects go beyond its death toll. Around a quarter of a million children have lost a caregiver to the virus, including about 200,000 who lost one or both parents. Every COVID-related death leaves an estimated nine people grieving.
The virus has hit certain industries harder than others, with food and agriculture, warehouse operations and manufacturing, and transportation and construction seeing especially high death rates.
People’s mental health has also been affected, with a study in January of five Western countries including the U.S. finding that 13% of people reported symptoms of PTSD attributable to actual or potential contact with the virus.
Fifteen Million Dead
On Thursday, the World Health Organization estimated that nearly 15 million people have died from the pandemic worldwide, a dramatic revision from the 5.4 million previously reported in official statistics.
Between January 2020 and the end of last year, the WHO estimated that between 13.3 million and 16.6 million people died either due to the coronavirus directly or because of factors somehow attributed to the pandemic’s impact on health systems, such as cancer patients who were unable to seek treatment when hospitals were full of COVID patients.
Based on that range, scientists arrived at an approximate total of 14.9 million.
The new estimate shows a 13% increase in deaths than is usually expected for a two-year period.
“This may seem like just a bean-counting exercise, but having these WHO numbers is so critical to understanding how we should combat future pandemics and continue to respond to this one,” Dr. Albert Ko, an infectious diseases specialist at the Yale School of Public Health who was not linked to the WHO research, told the Associated Press.
Most of the deaths occurred in Southeast Asia, Europe, and the Americas.
According to the WHO, India counts the most deaths by far with 4.7 million, ten times its official number.