Melvin Trotter v. Florida, et al.
This Court has determined that the Baze-Glossip test applies to all Eighth Amendment method of execution claims. This test has been expanded to encompass as-applied challenges as well as method of execution challenges. The lower court's application of this test expands it further to cover challenges to the maladministration of the lethal injection protocol. This expansion is incompatible with any meaningful judicial scrutiny of the process, as to whether maladministration challenges rise to the level of cruel and unusual punishment as prohibited by the Constitution.
1. Does this Court's precedent in Baze v. Rees and Glossip v. Gross, apply to Eighth Amendment challenges when determining whether maladministration of an execution protocol amounts to cruel and unusual punishment when inmates are not seeking an alternate method of execution, only seeking that the approved method is followed?
Whether the Baze-Glossip test applies to Eighth Amendment challenges alleging maladministration of an execution protocol when inmates seek only compliance with the approved method rather than an alternate method of execution