Brief filed to USSC in Baze

http://www.oranous.com/florida/IanLightbourne/briefbaze.htm

http://www.oranous.com/florida/IanLightbourne/07-5439ts.pdf

No. 07-5439

IN THE

Supreme Court of the United States
RALPH BAZE, et al,
Petitioners,

v.
JOHN D. REES, et al.,
Respondents.

ON WRIT OF CERTIORARI TO THE
SUPREME COURT OF KENTUCKY
BRIEF FOR PETITIONERS
________
DONALD B. VERRILLI, JR. DAVID M. BARRON*
MATTHEW S. HELLMAN JOHN ANTHONY PALOMBI
GINGER D. ANDERS ASSISTANT PUBLIC ADVOCATES
CARRIE F. APFEL KENTUCKY DEPARTMENT OF
JENNER & BLOCK LLP PUBLIC ADVOCACY
601 13th Street N.W. 100 Fair Oaks Lane, Ste. 301
Washington, DC 20005 Frankfort, KY 40601
(202) 639-6000 (502) 564-3948
November 5, 2007 *Counsel of Record

I. Does the Eighth Amendment to the United
States Constitution prohibit means for
carrying out a method of execution that create
an unnecessary risk of pain and suffering as
opposed to only a substantial risk of the
wanton infliction of pain?
II. Do the means for carrying out an execution
cause an unnecessary risk of pain and
suffering in violation of the Eighth
Amendment upon a showing that readily
available alternatives that pose less risk of
pain and suffering could be used?
III. Does the continued use of sodium thiopental,
pancuronium bromide, and potassium
chloride, individually or together, violate the
cruel and unusual punishment clause of the
Eighth Amendment because lethal injections
can be carried out by using other chemicals
that pose less risk of pain and suffering?

QUESTIONS PRESENTED

ii

LIST OF PARTIES
Pursuant to Supreme Court Rule 24.1(b), the
following list identifies all of the parties before the
Kentucky Supreme Court.

Ralph Baze and Thomas C. Bowling were the
appellants below. They are the Petitioners in this
action. John D. Rees, Glenn Haeberlin, and Ernie
Fletcher, were appellees below.

Glenn Haeberlin has since been replaced by
Thomas Simpson as Warden of the Kentucky State
Penitentiary. Pursuant to Supreme Court Rule
35.3, Warden Simpson has been substituted as a
party.