Eighth Amendment

SCOTUS will consider impact of death row inmate’s multiple IQ tests in determining execution eligibility

The U.S. Supreme Court has agreed to decide whether and how courts can consider multiple IQ tests when considering whether a death row inmate is intellectually disabled and ineligible for execution.

Jun 12, 2025 3:51 PM CDT

Seeing power abuse by federal judges, 5th Circuit judge warns of ‘hundreds of kings in judicial robes’

A federal appeals judge issued a concurrence to his majority opinion in a death-penalty case last week to remark on federal trial judges who, in his view, abuse their powers to overturn the will of the electorate.

Apr 21, 2025 3:32 PM CDT

Inmate executed with nitrogen gas after Supreme Court declines to intervene, with 4 dissents

A Louisiana death row inmate was executed Tuesday by nitrogen gas, the first time that the execution method was used in Louisiana and the fifth time that it was used in the United States.

Mar 19, 2025 10:02 AM CDT

9 years of solitary confinement violates Eighth Amendment, jurors find; case later settles

New York has agreed to pay $100,000 to settle a punitive damages claim in a case in which jurors found that nine years of solitary confinement violated the Eighth Amendment rights of an inmate.

Oct 8, 2024 9:00 AM CDT

Death row inmate held in solitary confinement for 26 years can sue, federal appeals court rules

A death row inmate with a known history of serious mental illness can sue Pennsylvania’s corrections chief for holding him in solitary confinement for 26 years, a federal appeals court ruled Friday.

Sep 26, 2024 9:22 AM CDT

Death-penalty case was epitome of ‘extreme judicial malfunction,’ 6th Circuit says

A federal appeals court has granted habeas to a death row inmate who challenged his sentencing, holding that an Ohio judge displayed an objective risk of bias partly because he enlisted the prosecutor to write the death-penalty opinion.

Aug 12, 2024 11:15 AM CDT

South Carolina’s execution menu is not cruel and unusual, state supreme court says

The South Carolina Supreme Court has upheld a state law that gives death row inmates a choice of three execution methods: electrocution, firing squad or lethal injection.

Aug 1, 2024 3:05 PM CDT

Lifetime voting ban for felony convictions isn’t punishment, 5th Circuit says in Eighth Amendment challenge

A lifetime ban on voting by people convicted of some felonies in Mississippi does not constitute cruel and unusual punishment, a federal appeals court ruled last week in an en banc opinion.

Jul 22, 2024 11:17 AM CDT

Supreme Court upholds ban on sleeping in public, says law does not punish status of homelessness

A ban on sleeping or camping on public property in the city of Grants Pass, Oregon, is not cruel and unusual punishment, the U.S. Supreme Court ruled Friday in a case brought by homeless plaintiffs.

Jun 28, 2024 9:56 AM CDT

Another state approves death penalty for child rape

Republican Tennessee Gov. Bill Lee signed a bill last week that authorizes the death penalty for aggravated rape of a child by an adult.

May 16, 2024 2:14 PM CDT

Driver won’t obey judge’s order to apologize for his command to police officer

An Alabama man ticketed for speeding acknowledges telling the police officer standing in front of his car to “get your ass out of the way.” But he is refusing to obey a judge’s order to write an apology letter.

May 16, 2024 12:29 PM CDT

Supreme Court divided over homeless ban and rights of the unhoused

Supreme Court justices expressed concern on Monday about punishing homeless people for sleeping outside when they have nowhere else to go, while also struggling with how to ensure local and state leaders have flexibility to deal with the growing number of unhoused individuals nationwide.

Apr 22, 2024 2:35 PM CDT

Supreme Court will consider whether criminalizing homelessness violates Eighth Amendment

Few doubt that the court’s decision in City of Grants Pass v. Johnson will be consequential for the nation’s homeless population and for those trying to help. “This case is really about whether the Constitution protects unhoused people against punishment when there is no shelter or housing available to them.”

Apr 18, 2024 1:00 PM CDT

Chemerinsky: Will SCOTUS consider it cruel and unusual punishment to prosecute homeless people for sleeping in public?

Can a city make it a crime for unhoused people to sleep in public if there are no other places for them to go? On April 22, the U.S. Supreme Court will hear oral arguments on this issue in City of Grants Pass, Oregon v. Johnson, a case of enormous interest to the many cities that are struggling with burgeoning populations of unhoused people.

Apr 15, 2024 9:00 AM CDT

5th Circuit rules for prisoner allowed to sleep no more than 3.5 hours per night

A sleep-deprived prisoner can show that his treatment constituted cruel and unusual punishment without proving that his health issues stemmed from the restricted bedtime hours, a federal appeals court has ruled.

Mar 26, 2024 3:10 PM CDT