The U.S. Supreme Court allowed a challenge by Alabama death row inmate Kenneth Smith, who is seeking to be executed by inhalation of nitrogen after surviving an attempt using lethal injection. Smith had filed his lawsuit months before the botched attempt, alleging that the state’s protocol would subject him to cruel and unusual punishment in violation of the U.S. Constitution’s Eighth Amendment. “Mr. Smith’s worst fears began to play out much as his federal lawsuit had alleged they would,” his lawyers said in court papers.
More from the high court:
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Ludovic Marin/Pool via REUTERS
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The 2nd Circuit rejected Elon Musk’s contention that a 2018 settlement with the U.S. Securities and Exchange Commission that required a Tesla lawyer to approve some of his tweets in advance was a “government-imposed muzzle.” The three-judge panel said the SEC had opened just two subsequent inquiries into the Tesla CEO’s tweets, and those tweets “plausibly violated” the decree’s terms.
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