SCOTUS rules against Bucklew in death penalty appeal

WASHINGTON — Missouri can execute an inmate who argued his rare medical condition will result in severe pain if he is put to death by lethal injection, the Supreme Court ruled Monday.

The justices split along ideological lines in ruling 5-4 against inmate Russell Bucklew, who is on death row for a 1996 murder.

The court’s five conservative justices rejected Bucklew’s argument subjecting him to lethal injection would violate the Constitution’s ban on cruel and unusual punishment. He said a tumor in his throat is likely to burst during the execution, causing him to choke on his own blood.

Bucklew, has a rare medical condition, cavernous hemangioma. The ailment causes weakened and malformed blood vessels, tumors in his head and throat and on his lip, and vein problems.

“Today we bring this case to a close at last because we agree with the courts below that Mr. Bucklew’s claim isn’t supported by either the law or the evidence,” Justice Neil Gorsuch said in summarizing his majority opinion from the bench.

Bucklew was up against Supreme Court precedent in trying to get the justices to agree with him. The court has previously ruled inmates challenging the method a state plans to use to execute them have to show there’s an alternative likely to be less painful.

Bucklew proposed Missouri execute him by having him breathe pure nitrogen gas through a mask instead of by injecting him with a lethal dose of pentobarbital. Missouri countered no state has ever carried out an execution as Bucklew suggested, calling his proposal vague and untested.

Gorsuch wrote Bucklew had “failed to present any evidence” his alternative method of execution “would significantly reduce his risk of pain.” Moreover, Bucklew had not shown Missouri could readily implement his suggestion, wrote Gorsuch.

In a dissent for the court’s four liberal justices, Justice Stephen Breyer wrote his colleagues acknowledged the Constitution’s Eighth Amendment prohibits states from executing prisoners by “horrid modes of torture” such as burning at the stake.

“But the majority’s decision permits a state to execute a prisoner who suffers from a medical condition that would render his execution no less painful,” he wrote.

Breyer wrote he didn’t believe Bucklew was required to identify an alternative means of execution because the inmate was challenging Missouri’s method only as it applies to him. And even assuming he was required to do so, Breyer said, Bucklew did satisfy that requirement.

The five justices ruling against Bucklew included Justice Brett Kavanaugh, whose vote was seen as pivotal to the outcome of the case. That’s because last year his eight current colleagues split 4 to 4 over whether to allow Bucklew’s execution to proceed. Justice Anthony Kennedy provided the fifth vote to spare Bucklew. Kavanaugh replaced Kennedy, who retired in July.

Kavanaugh wrote a two-page opinion agreeing with his conservative colleagues. He noted an inmate challenging the way a state plans to carry out the death penalty isn’t limited to proposing an alternate method of execution authorized under that state’s law. Kavanaugh wrote he wanted to emphasize the majority’s conclusion “we see little likelihood that an inmate facing a serious risk of pain will be unable to identify an available alternative.”

Bucklew became angry when his girlfriend, Stephanie Ray, ended their relationship in 1996.

Last year, then-Missouri Attorney General Josh Hawley said in court filings Bucklew slashed Ray’s face with a knife, beat her and threatened to kill her. She took her children and left.

Over the next two weeks, Bucklew stalked Ray, even as he stole a car, firearms, two sets of handcuffs and duct tape. He eventually found out where she was staying and broke into the Southeast Missouri trailer home of Michael Sanders, Ray’s new boyfriend, fatally shooting him. When Sanders’ 6-year-old son came out of hiding, Bucklew shot at the boy and missed.

Bucklew pistol-whipped Ray, put her in handcuffs and dragged her to his car, where he raped her.

Police pursued Bucklew — a chase ending in a gunfight that wounded an officer. Once in jail, Bucklew managed to escape and went to the home of Ray’s mother, where he attacked her with a hammer before he was finally captured.

Chris Nuelle, a spokesman for the Missouri Attorney General’s Office, said in a statement Monday’s ruling put the state and Bucklew’s victims “one step closer to justice.” An attorney for Bucklew didn’t immediately respond to a request for comment following the ruling.

The Southeast Missourian contributed to this report.

The case is 17-8151, Bucklew v. Precythe.

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