Posted by Orin Kerr: An Amicus Brief Someone Should Write for Baze v. Rees: http://volokh.com/archives/archive_2007_09_23-2007_09_29.shtml#1190744458
The Supreme Court has granted cert in [1]Baze v. Rees, a case considering how the Eighth Amendment regulates methods of execution -- and specifically, whether it allows the currently prevailing methods of lethal injection. This case really calls out for amicus participation to give the Justices context: In particular, it really needs briefs by leading historians on the history and evolution of how executions were carried out over time in the United States and at common law. What techniques were used in different historical periods, and why did they change? A really top-notch brief on the history of methods of execution would provide some very helpful context for the Justices. Obviously it wouldn't decide the case for the seven nonoriginalist Justices, but it would be quite helpful background for all of them. I hope someone careful and balanced is inspired to write it. References 1. http://www.scotusblog.com/movabletype/archives/2007/09/analysis_reopen_1.html _______________________________________________ Volokh mailing list [email protected] http://lists.powerblogs.com/cgi-bin/mailman/listinfo/volokh
