In Supreme Court loss, death penalty foes see an opening
Legal Events
A strongly worded dissent in the U.S. Supreme Court's narrow decision this week upholding the use of an execution drug offered a glimmer of hope to death penalty opponents in what they considered otherwise a gloomy ruling. One advocate went so far Tuesday as to call it a blueprint for a fresh attack on the legality of capital punishment itself.
But even those who see Justice Stephen Breyer's dissent as a silver lining think it will take time to mount a viable challenge.
And Breyer's words don't change the fact that the Supreme Court has consistently upheld capital punishment for nearly four decades. The five justices forming the majority in Monday's decision made it clear they feel that states must somehow be able to carry out the death penalty.
In disagreeing with the 5-4 ruling that approved Oklahoma's use of an execution drug, Breyer, joined by Justice Ruth Bader Ginsburg, called it "highly likely that the death penalty violates the Eighth Amendment," which protects against cruel and unusual punishment.
"It was a sweeping and powerful dissent that issues an invitation that we should accept, which is to make the case for why today the death penalty itself is no longer constitutional," said Cassandra Stubbs, director of the Capital Punishment Project of the American Civil Liberties Union.
Related listings
-
High court won't hear Nevada patient dumping case
Legal Events 07/01/2015The Supreme Court won't hear an appeal from Nevada over a lawsuit that claims the state wrongfully bused indigent psychiatric patients to San Francisco without paying the costs of their medical care. The justices on Tuesday let stand a lower c...
-
Decisions in last 3 Supreme Court cases expected Monday
Legal Events 06/29/2015The Supreme Court is meeting for the final time until the fall to decide three remaining cases and add some new ones for the term that starts in October. The court decided its two blockbuster cases last week by declaring the right of same-sex couples...
-
Same-sex marriage opponents urge Supreme Court to go slow
Legal Events 06/23/2015Same-sex marriage opponents acknowledge they face a tough task in trying to persuade the Supreme Court to allow states to limit marriage to a man and a woman. But they are urging the court to resist embracing what they see as a radical change in soci...
Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.