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Christa Pike survived Tennessee’s attempt to execute her after two administrations of lethal injection drugs. Now comes the disturbing legal question. Can the state bring her back and try again?
Under existing Supreme Court precedent, generally yes. There is no three strikes rule. Surviving an execution does not automatically erase a death sentence. In Louisiana ex rel. Francis v. Resweber, the Supreme Court permitted a second electrocution attempt after the first failed because of an equipment malfunction.
But that does not give the government unlimited permission to inflict suffering. The Eighth Amendment prohibits cruel and unusual punishment. The questions are what went wrong, whether officials knew the risks and whether another attempt would expose Pike to a substantial risk of severe pain. Challenges to an execution method generally also require identifying a feasible alternative that would significantly reduce that risk.
Pike’s conviction for the torture and murder of Colleen Slemmer remains a separate issue from the constitutionality of her punishment. The victim deserves remembrance. The government still must obey the Constitution. How much suffering can the state inflict before an execution becomes an unconstitutional ordeal?
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