"My feeling is that it's constitutional"
If it were not, why would the 14th amendment state very clearly, "nor shall any State deprive any person of LIFE, liberty, or property, without due process of law"?
Emphasis on LIFE added by me.
I am far less interested in judges "feelings" than in their interpretations of the constitution.
It sounds as if, even though he is yet another clintonoid, he may actually not be a liberal fanatic. But he still managed to step in it. It was a dumb decision, and he deserves whatever flak he gets.
"appointed by President Clinton"
He suggests people read his 15-page opinion to understand his reasoning, which centers on the possibility that an inmate may still be conscious -- and therefore suffering -- well into the three-drug execution protocol. The drug-delivery system is intended to anesthetize the prisoner first, before death occurs. The hearing will focus on whether it actually works that way.
``Rather than block the execution,'' Fogel says, ``I was looking for a way for the case to proceed.''
While some see in Fogel a judge with an agenda jamming up a death-delivery system supported by case law and national polls, another Fogel can be found each day in Courtroom No. 3 at the federal courthouse. In interviews with friends, fellow judges and lawyers, a portrait emerges of a respected jurist who is by the book and also respectful of the lives affected by his rulings.
Yes, but does he drink wine spritzers?
(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie. Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")
Well, he's a Keith Jarrett fan so I'll grant him that positive (spoken by someone who's about worn out his copy of The Koln Concert, and is looking to buy Keith's latest solo concert CD sooner than later).
If he believes the death penalty is constitutional where in the constitution is he basing his decision on what specifies the method? All his decision has done is promote him has an activist judge.
If you are covicted of heinous crimes I don't give a damn if your execution is painful.
ThanksChick.
What did you do in the military???
The judge is right - but only about one thing - they should be insuring htat is is a long slow and painful death.
Not only should this butt wirpe be killed but the rule of law should read - death by kiling in a manner likened to the crime - so in his case she whould be put in a cage with his hand bound and fee tied and beat to deaths with claw hammers leaving no doubt that he would be dead. Teh final moments of his life should be full of pain and horror and he should scream all the way to hell.
But then I like red meat and pork ribs so what do I know.