High Court does the right thing

From The New York Times:

WASHINGTON (AP) -- The Supreme Court on Wednesday upheld the most common method of lethal injection executions, likely clearing the way to resume executions that have been on hold for nearly 7 months.

The justices, by a 7-2 vote, turned back a constitutional challenge to the procedures in place in Kentucky, which uses three drugs to sedate, paralyze and kill inmates. Similar methods are used by roughly three dozen states.

''We ... agree that petitioners have not carried their burden of showing that the risk of pain from maladministration of a concededly humane lethal injection protocol, and the failure to adopt untried and untested alternatives, constitute cruel and unusual punishment,'' Chief Justice John Roberts said in an opinion that garnered only three votes. Four other justices, however, agreed with the outcome.

Roberts' opinion did leave open subsequent challenges to lethal injection practices if a state refused to adopt an alternative method that significantly reduced the risk of severe pain.

Justices Ruth Bader Ginsburg and David Souter dissented.

We need to remember that Souter is a RINO who was appointed by a Republican president because he could be confirmed by a Democrat controlled Senate. His is very likely going to be the template for the kind of judges which president McCain will appoint because that is the only kind of judge that the Democrat controlled Senate will approve.

This is not an argument to vote against McCain because the judges appointed by either Clinton or Obama will be just as bad. But it is an undeniable refutation of the "judges" argument used by McCain's supporters in their attempts to convince conservatives to ignore the damage which McCain would do the party and vote for him anyway.