Advisory Opinions Firing Squad vs. Suffocation
Oct 28, 2025
The podcast dives into the Eighth Amendment and a prisoner's request to die by firing squad, sparking a debate on humane execution methods. They also analyze recent legal actions regarding the National Guard in Portland and dissect the implications of horizontal stare decisis on judicial predictability. The hosts explore the pros and cons of the spoils system while considering who should present the tariff case at the Supreme Court. Lastly, they examine how presidential policies have influenced migration flows and the lasting impacts of such actions.
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Nitrogen Hypoxia May Be Cruel And Prolonged
- Justice Sotomayor portrayed nitrogen hypoxia as prolonged psychological and physical suffering lasting minutes before unconsciousness.
- David French and Sarah Isgur agreed the method raises serious Eighth Amendment cruelty concerns.
Interpretation Drives Eighth Amendment Rulings
- David French argues interpretive method shapes Eighth Amendment outcomes, so originalism versus living-constitution views matter.
- He accepts firing squads likely pass constitutional muster while criticizing modern lethal injection approaches.
Prefer Faster Methods If Executing
- If a state insists on capital punishment, prefer methods that are quicker and more instantaneous to reduce moral and legal exposure.
- David French and Sarah Isgur recommend considering firing squads over slower, potentially torturous methods.
