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Antonin Scalia
No, Justices Alito and Scalia, death penalty politics aren't the issue
No, Justices Alito and Scalia, death penalty politics aren't the issue

Oral arguments before the Supreme Court earlier this week over Oklahoma’s lethal-injection protocol took an unusually harsh tone (which Dahlia Lithwick parses nicely here at Slate). What was more jarring, though, was the theme of statements – er, questions - by some of the judges about the backdrop to the execution challenge. The case involves one of the drugs Oklahoma uses to execute its condemned prisoners, and how that fits in with court-sanctioned protocols. Briefly, in 2008, the court ruled in Baze v. Rees that Kentucky’s three-drug protocol (first developed in Oklahoma) was constitutional because the first drug in the procedure, the barbiturate sodium...

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