Please state your LEGAL arguments. You said you are a lawyer, so prove it. I think you are full of it...
BTW, I have never stated I agreed nor disagreed with the decision. I have not looked at it. I have been too busy getting a complaint ready to file, and work on interrogatories for two others, in the US District Court, Martinsburg, WV.
I'm not a lawyer, but play one in that court!
I have not bothered to review the precedent on what constitutes "cruel and unusual" punishment, but the argument is fundamentally not "legal" but factual. Either lethal injection violates the Eighth Amendment's prohibition on "cruel and unusual punishment" or not. The only law is contained in those two words, and opinion interpreting them.
I am sure there are endless, factually-based arguments about why lethal injection is cruel and unusual, but I don't think the basic concept passes the laugh test. Sorry.
The people who take these arguments seriously are those who believe that the Constitution is appropriately employed as a substantive limitation (not just procedural due process) on the State's ability to impose capital punishment. Bush has no business appointing judges like that.