Dahlia Lithwick writes, "The case comes down to a constitutional quest for the somewhat-but-not-too-painful death..."

Since we supposedly reject torture, any pain should be deemed excessive. The prisoner risks severe pain and will necessarily experience some pain when executed by this method. Where all pain is avoidable, any is unnecessary, and the state's imposition of that pain must be deemed willful.

The dread of a horrible death is far greater than the fear of death as such. The secret truth of the death penalty controversy is that execution would lose much of its deterrent force were it rendered a pleasant process.