A recent series of legal rulings has left Louisiana with the need to tweak its law that ultimately saves lives.
Rulings made concerning an Alabama law that permits hypoxia as a method of carrying out capital punishment, coupled with a U.S. Supreme Court declination to review them, said that particular method of execution is unconstitutional. This would rest on Eighth Amendment grounds as cruel and unusual punishment, as in the several instances where such a method has been used, including in Louisiana where the method was added into law in 2024 and carried out last year, the inmates appeared to struggle during the process.
This represents a temporary victory for capital punishment opponents, whose strategy in the face of the constitutionality of the general concept of the death penalty is to try to declare every specific method as unconstitutional. They do this despite the fact that social science research indicates that capital punishment when consistently applied saves innocent lives – or perhaps in spite of it for ideological reasons because they know if they can disrupt the consistency then the practice becomes ineffective and then they can use that to try to attack the conceptual constitutionality argument.
