On April 16, 2008, the United States Supreme Court addressed the constitutionality of lethal injection as a method of execution. In its analysis, the Court recognized, as it had in prior cases, that the government's choice of a particular method of execution did not violate the Eighth Amendment's ban on cruel and unusual punishment. As a result, the Court upheld the constitutionality of lethal injection in Baze v. Rees, rendering a seven-to-two plurality decision.
Consiglio, Michelle Lynn Veronica
"Intentionally Inflicted: The Baze Plurality Painfully "Executed" the Purpose of the Eighth Amendment,"
Tennessee Journal of Law & Policy:
2, Article 6.
Available at: http://trace.tennessee.edu/tjlp/vol6/iss2/6