The South Carolina Supreme Court ruled on Wednesday that death by electrocution, firing squad or lethal injection are all legal forms of execution in the state, finding that none could be considered a cruel or unusual punishment because inmates can choose the option they consider the least painful.
The decision came after the state passed a law in 2021 that made death by electric chair or by firing squad legal options for people on death row. The bill, which made electrocution the primary method of execution, was proposed because South Carolina could not procure drugs for lethal injection, which remains the most widely used method in other states.
Inmates sued, arguing that electrocutions and firing squads could cause extreme pain, and were cruel and unusual punishments prohibited by the Constitution.
But their arguments were largely rejected by the court’s five justices, all of whom are conservatives. The ruling is expected to allow executions to restart. The state has not executed an inmate since 2011, and there are currently 32 inmates on death row in South Carolina.
Associate Justice John Cannon Few wrote in the majority opinion that the methods “cannot be considered cruel because the condemned inmate may elect to have the state employ the method he and his lawyers believe will cause him the least pain.”
The law passed by the Republican-controlled state legislature, Mr. Few wrote, was not “an effort to inflict pain,” but rather a “sincere effort to make the death penalty less inhumane while enabling the state to carry out its laws.”
Justice 360, a civil rights group that promotes the rights of inmates on death row, said in a statement that it was disappointed by the ruling and was “currently evaluating the next steps in the litigation and remain committed to advocating for the protection of our clients’ rights.”
This story will be updated.
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