Supreme Court to rule on lethal injections

By James Vicini

WASHINGTON (Reuters) - The Supreme Court said on Tuesday it would decide whether the commonly used lethal injection method of execution for death row inmates violated the constitutional ban on cruel and unusual punishment.

The nation's highest court said it would decide an appeal by two death row inmates from Kentucky arguing that the three-chemical cocktail used in lethal injections inflicted unnecessary pain and suffering.

Their lawyers said the Supreme Court has not addressed the constitutionality of a method of execution or the legal standard used to determine whether it is an unconstitutional form of cruel and unusual punishment in more than 100 years.

The last ruling occurred in 1878, when the Supreme Court upheld the constitutionality of the firing squad, they said.

The new case, which could limit or condone current forms of execution, will be one of the most closely watched of the Supreme Court's new term that begins on October 1.

Another key case involves the rights of prisoners at Guantanamo Bay.

All but one of the 38 U.S. states with the death penalty and the federal government use lethal injection for executions. The only exception is Nebraska, which requires electrocution.

Ohio State University law professor Douglas Berman said the case could be pivotal.