The Florida Supreme Court in Schwab v. Florida c.ruled today that “Florida’s procedure for carrying out execution by lethal injection doesn’t conflict with the U.S. Constitution’s ban on cruel and unusual punishment.” The Florida Supremes also ruled in a companion case Lightbourne v. McCollum.
On the one hand you have to admire the guts of the Schwab Court knowing that the Court may well reverse them in light of Baze v. Rees, and yet on the other hand knowing there is a high probability that they reached an opposition conclusion than the SCOTUS and GVR is likely, why waste everyone’s time in making a holding that won’t hold up if Baze goes the other way (which many court observers say is likely).
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