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Judicial Restraint

Judicial Restraint That's the title of an editorial in today's Winston-Salem Journal on North Carolina's lethal injection challenge. LINKCritics of our appellate courts often skewer judges for being "judicial activists." But a case before the N.C. Supreme Court demonstrates that overly zealous judges are not always at fault for this over-stepping of authority. Sometimes, the governor and legislature are to blame because they fail to act. North Carolina is in the middle of a de facto moratorium on executions caused by a dispute between two state agencies. State law requires that a doctor be present during the administration of the death penalty. The N.C. Department of Correction says the doctor is there to assure that the execution is properly administered...continue to full post

Full post as published by Lethal Injection on November 23, 2008 (boomark / email).