The Supreme Court Will Review Case of a Man Whose Blood-Filled Tumors Could Burst During Execution

The question facing them is not if he will be executed but how.

Chuck Myers/Zuma

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.

On Monday, the US Supreme Court agreed to hear the case of Russell Bucklew, a death row inmate in Missouri who was scheduled to die on March 20. Hours before the execution was set to take place, the high court voted 5-4 to halt the execution in order to review the case.

Bucklew, who was convicted for the kidnap, rape, and murder of his former boss in 1997, is afflicted with cavernous hemangioma, a rare disease which causes tumors to form in the person’s face, neck, head, and throat. 

As I reported in March, Bucklew’s lawyers argued that given his illness, his execution could be a violation of the Eighth Amendment, which prohibits cruel and unusual punishment:

Prison staff intend to use pentobarbital, a sedative, to execute him, but this could cause his tumors to burst. Cheryl Pilate, one of Bucklew’s lawyers told the Associated Press on Monday, he would likely experience “a gruesome execution with choking and gagging on blood and the infliction of excruciating pain.”

This is the second time that Bucklew’s case has appeared before the Supreme Court, but the only time it has been accepted for review. In May 2014, when Missouri first attempted to execute him, Bucklew’s lawyers appealed, arguing that given his illness, he could not be humanely executed, and this cruel and unusual punishment would be a violation of the Eighth Amendment. The Court granted a stay in order to allow argument to work its way through the lower courts. As I wrote: “In Glossip v. Gross, the US Supreme Court said that when the Eighth Amendment is used to challenge a method of execution a ‘reasonable alternative’ must be proposed by the inmate.” 

In the appeal, Bucklew’s lawyers suggested that the state use nitrogen gas. (The state of Oklahoma recently proposed it as an alternative to lethal injection.) But according to court documents, Dr. Joel Zivot, a professor of surgery and anesthesiology at Emory University said that “substantial risk” exists that Bucklew will “suffer from extreme or excruciating pain.” Last June, a federal judge ruled that because Bucklew could not actually show that death by nitrogen would reduce the risk of suffering, his execution should proceed. The final decision of whether Bucklew is responsible for proposing another readily-available method of execution that will reduce the risk of suffering is now up to the nation’s highest court. 

This is not the only capital punishment case in the Supreme Court this year. Last October, the Justices heard arguments for Marion Wilson, a Georgia death row inmate who argued that his trial counsel had been ineffective. The court ruled in his favor earlier this month.

WE'LL BE BLUNT

It is astonishingly hard keeping a newsroom afloat these days, and we need to raise $253,000 in online donations quickly, by October 7.

The short of it: Last year, we had to cut $1 million from our budget so we could have any chance of breaking even by the time our fiscal year ended in June. And despite a huge rally from so many of you leading up to the deadline, we still came up a bit short on the whole. We can’t let that happen again. We have no wiggle room to begin with, and now we have a hole to dig out of.

Readers also told us to just give it to you straight when we need to ask for your support, and seeing how matter-of-factly explaining our inner workings, our challenges and finances, can bring more of you in has been a real silver lining. So our online membership lead, Brian, lays it all out for you in his personal, insider account (that literally puts his skin in the game!) of how urgent things are right now.

The upshot: Being able to rally $253,000 in donations over these next few weeks is vitally important simply because it is the number that keeps us right on track, helping make sure we don't end up with a bigger gap than can be filled again, helping us avoid any significant (and knowable) cash-flow crunches for now. We used to be more nonchalant about coming up short this time of year, thinking we can make it by the time June rolls around. Not anymore.

Because the in-depth journalism on underreported beats and unique perspectives on the daily news you turn to Mother Jones for is only possible because readers fund us. Corporations and powerful people with deep pockets will never sustain the type of journalism we exist to do. The only investors who won’t let independent, investigative journalism down are the people who actually care about its future—you.

And we need readers to show up for us big time—again.

Getting just 10 percent of the people who care enough about our work to be reading this blurb to part with a few bucks would be utterly transformative for us, and that's very much what we need to keep charging hard in this financially uncertain, high-stakes year.

If you can right now, please support the journalism you get from Mother Jones with a donation at whatever amount works for you. And please do it now, before you move on to whatever you're about to do next and think maybe you'll get to it later, because every gift matters and we really need to see a strong response if we're going to raise the $253,000 we need in less than three weeks.

payment methods

WE'LL BE BLUNT

It is astonishingly hard keeping a newsroom afloat these days, and we need to raise $253,000 in online donations quickly, by October 7.

The short of it: Last year, we had to cut $1 million from our budget so we could have any chance of breaking even by the time our fiscal year ended in June. And despite a huge rally from so many of you leading up to the deadline, we still came up a bit short on the whole. We can’t let that happen again. We have no wiggle room to begin with, and now we have a hole to dig out of.

Readers also told us to just give it to you straight when we need to ask for your support, and seeing how matter-of-factly explaining our inner workings, our challenges and finances, can bring more of you in has been a real silver lining. So our online membership lead, Brian, lays it all out for you in his personal, insider account (that literally puts his skin in the game!) of how urgent things are right now.

The upshot: Being able to rally $253,000 in donations over these next few weeks is vitally important simply because it is the number that keeps us right on track, helping make sure we don't end up with a bigger gap than can be filled again, helping us avoid any significant (and knowable) cash-flow crunches for now. We used to be more nonchalant about coming up short this time of year, thinking we can make it by the time June rolls around. Not anymore.

Because the in-depth journalism on underreported beats and unique perspectives on the daily news you turn to Mother Jones for is only possible because readers fund us. Corporations and powerful people with deep pockets will never sustain the type of journalism we exist to do. The only investors who won’t let independent, investigative journalism down are the people who actually care about its future—you.

And we need readers to show up for us big time—again.

Getting just 10 percent of the people who care enough about our work to be reading this blurb to part with a few bucks would be utterly transformative for us, and that's very much what we need to keep charging hard in this financially uncertain, high-stakes year.

If you can right now, please support the journalism you get from Mother Jones with a donation at whatever amount works for you. And please do it now, before you move on to whatever you're about to do next and think maybe you'll get to it later, because every gift matters and we really need to see a strong response if we're going to raise the $253,000 we need in less than three weeks.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate