Yesterday the Supreme Court heard argument in Baze v. Rees, otherwise known as the “lethal injection case.” Contrary to popular perception—and the wishes of certain activist groups—Baze considers neither the constitutionality of lethal injection as a method of execution nor the validity of the death penalty itself. Instead, the issue is whether the particular three-chemical formula used by most states that employ lethal injection causes undue pain and suffering such that the method violates the Eighth Amendment’s proscription of “cruel and unusual punishment.” The Court’s decision—likely to be 5-4 with Justice Kennedy the swing vote as always—may turn on what weight the justices place on the availability of other “ drug cocktails” that purportedly accomplish the same result with less chance for “undue pain and suffering.” But that critical point raises two further (non-legal) questions: 1) Whether the case is about little more than delaying executions that will take place regardless of this particular ruling; and 2) Why haven’t all the relevant states simply adopted the “better” chemical protocols and rendered this case moot? Ultimately, this high profile case is a waste of judicial resources.
Featuring John Allison, President and CEO, Cato Institute; Rep. Kevin Brady (TX-8), Chairman, Joint Economic Committee; and Norbert Michel, Research Fellow in Financial Regulations, Heritage Foundation; moderated by James A. Dorn, Vice President for Monetary Studies and Senior Fellow, Cato Institute.
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In this issue of the Cato Journal, economists Geoffrey Black, D. Allen Dalton, Samia Islam, and Aaron Batteen offer one prominent example of allowing the market to work. Also in this issue, economists Jason E. Taylor and Jerry L. Taylor reexamine the relationship between marginal tax rates and U.S. growth, and Robert Krol looks at bias in CBO and OMB economic forecasts.
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The 2008-2009 financial crisis and Great Recession have vastly increased the power and scope of the Federal Reserve, and radically changed the financial landscape. This new ebook examines those changes and considers how the links between money, markets, and government may evolve in the future.