“Today’s oral argument in Baze v. Rees,” DC Dicta writes, “which promised to consider the constitutionality of a three-drug cocktail used in executions in Kentucky and nearly every other death penalty state, left court watchers not only unsure as to which way the Court would rule. It left them wondering if the Court would even get to the broad constitutional question at all, or would it simply – or not so simply – hand down a limited ruling that would leave the door open for future challenges.”

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