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.
Actually, sir (or maam), President Bush has all the business appointing Federal Judges, including the Supreme Court. I doubt he is really interested in your views. He is a politician, capable of putting on whatever chameleon-like charade required to further HIS agenda. His power to appoint judges is not shared elsewhere.
Do you play chess. In order to become a winner, you must be able to project yourself into the future. You need to order every bit of brain to help plan your attacks, and your defenses. It is a battle, fought with grey cells, not bullets.
Politics is much like chess. sometimes it pays to give up your queen in order to bring your opponent closer to "mate". Sometimes you give up a bit of your position to get a little edge over your opponents, in politics.
I resent a lot of the things that President Bush has done for, and to our country. On a scale of 10, I give him barely a 5. But, I do not doubt his sincerity, and intent in every move he makes. I do not believe he would place a man or woman onto the Supremes, without good reason. He has a different goal, based on His viewpoint. After all, he IS the one elected President.
Sam Alito is not a liberal. He appears to be a solid, proven Constitutional thinker. John Roberts is not a liberal. I get the impression that he is a genius, and a man dedicated to the law. They have now joined with a group of men and women, who can decide life and death. The Constitution guarantees life... but it doesn't say anything about how we should put people to death.
I grew up in a military household. My Dads last station was Guantanamo Bay. I was there, when the 727's started landing on Leeward Point, and the troops started setting up tents on the golf course. I listened to President Kennedy address the nation, and later boarded the USNS Upshur and left Gitmo, and was deposited with my Mom, Sister, and I, into a warehouse in Norfolk, on a cold day in October, 1962.
Presidents do things we can't really handle sometimes. Some get us into wars. others out of them. Some preside over peacetimes, and help further the goals of our nation onto the world stage.
I don;t pretend to fully understand it, but I accept it. We are built to stand, or reject our leaders, based on our personal philosphies. I do not fully agree with W on many things, and I am now UN-registered with the Pubbies. I am an Independant. But, I do not think Geopge Bush could have chosen a better man than Sam Alito. We will watch, and see...