On September 25, the U.S. Supreme Court agreed to consider the constitutionality of lethal injection as a form of execution. It will examine the issue through a Kentucky case, Baze v. Rees (07-5439). Ralph Baze is a death row inmate and John D. Rees is the Commissioner of the Kentucky Department of Corrections.

It appears that this will likely have the effect of temporarily stopping lethal injections executions in Texas and other states while the Supreme Court examines the issue.

Oral arguments have not yet been scheduled, but will likely be heard by the Court in early 2008. A ruling could be expected no later than the end of June, 2008.

In the last two years, there have been challenges in lower courts to specific lethal injection procedures in several states. That has resulted in de facto moratoria in a number of states including California, Maryland, North Carolina, and Tennessee.

A badly botched execution in Florida last year, and two botched recent executions in Ohio have raised questions about the presumption that lethal injection produces a quick, painless death.

While most states with a death penalty use lethal injections, specific procedures, training, and personnel who carry out executions vary from state to state. The devil is in the details. Legal challenges, medical research, and botched executions are causing some states to re-evaluate their procedures.

Texas remains the most active execution chamber in the United States. Since 1982, Texas has executed 405 men and women, far more than any other state. That is more than 36% of the nation's 1,099 since execution resumed. Harris County, Texas is responsible for more executions than any other state in the nation. This year, Texas has carried out 26 of the nation's 42 executions. In recent years, the number of death sentences and executions have been declining, even in Texas.

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