The South Carolina Supreme Court made a decision on Wednesday regarding the legality of the state’s death penalty, which now includes a firing squad in addition to lethal injection and the electric chair. All five justices agreed with some aspects of the ruling, allowing for the resumption of executions in a state that has not executed any inmates since 2011. However, two of the justices expressed concerns about the methods of execution, with one deeming the firing squad as not legally permissible and another considering the electric chair as cruel and unusual punishment.
In the majority opinion, Associate Justice John Few stated that the death penalty law is considered legal because the options provided for execution demonstrate a genuine effort by lawmakers to minimize pain and uphold the principle of humane treatment for inmates facing capital punishment. There are about eight inmates who may have exhausted traditional appeals, but it remains uncertain when executions might resume or if lawyers for death row inmates can challenge the ruling.
South Carolina has executed 43 inmates since the reinstatement of the death penalty in the United States in 1976, with the majority choosing lethal injection. The state had not performed an execution since 2011 due to expired supplies of lethal injection drugs and difficulties in obtaining more.
In response to the shortage of lethal injection drugs, lawmakers authorized the establishment of a firing squad in 2021, giving inmates a choice between it and the electric chair. Some inmates filed lawsuits arguing that both options constituted cruel and unusual punishment, which is prohibited by the Constitution. However, the state managed to procure the sedative pentobarbital in September 2023 and adjusted the lethal injection process to use only one drug, addressing some of the concerns raised.
The Supreme Court permitted inmates to argue against the secrecy of the shield law that protects the identity of lethal injection drug suppliers, citing the need for transparency regarding the drugs’ potency and quality. With 32 inmates currently on death row in South Carolina, legal challenges and competency hearings may impact the timeline for potential executions.
While prosecutors in South Carolina used to carry out an average of three executions per year, the number has significantly decreased over the years. Rising costs, challenges in obtaining lethal injection drugs, and increased defense efforts have led to fewer death sentences and more acceptance of guilty pleas in exchange for life imprisonment without parole.