America the Merciless

[maestrob]

June 26, 2022, 6:00 a.m. ET
By Pamela Paul
Opinion Columnist

As the Fourth of July looms with its flags and its barbecues and its full-throated patriotism, I find myself mulling over the idea of American exceptionalism. What, if anything, makes this country different from other countries, or from the rest of the developed world, in terms of morals or ideals? In what ways do our distinct values inform how America treats its own citizens?

I land on a distinct absence of mercy.

Witness the ruthless evisceration of Roe v. Wade and the expansion of the right to carry guns in public in the wake of two horrific mass shootings. Both courtesy of a Supreme Court that is supposedly the institution vested with carrying out the highest standard of justice for its citizens and yet is wholly indifferent to the lives of America’s women, children and families. Witness the horrors of Jan. 6 or our mismanagement of the pandemic. Witness a health care system that continues to see human beings as walking P&Ls rather than as people deserving of compassion and care.

I can’t help but see a particular American bent toward cruelty. Especially when it comes to life-or-death matters, with a merciless streak that dictates not only how we live, but also the laws around who dies.

Three books I read over the pandemic brought these issues to the fore for me, offering broader and deeper context. Two of the books are explicit about the question of mercy in their titles, both published in 2014: Bryan Stevenson’s “Just Mercy: A Story of Justice and Redemption” and Anand Giridharadas’s “The True American: Murder and Mercy in Texas,” each highlighting this country’s penchant for condemning to death those who might wish to live. The third, published this year, is Amy Bloom’s “In Love: A Memoir of Love and Loss,” which looks at the flip side of that equation: our heartlessness when someone close to death wishes to die.

When it comes to someone fighting for his life on death row or someone longing for the right to die at life’s end, America generally goes with the least empathetic option.

The laws on both capital punishment and physician-assisted suicide are clear. Our enthusiasm for the death penalty puts us in the same camp as China, Iran and 16 other countries that killed its citizens in 2020; as of early June, America had put seven people to death. As for end-of-life laws, euthanasia — which permits a doctor to administer, for example, a lethal dose of morphine to a suffering patient — is illegal across the United States. Only 10 states and the District of Columbia allow for physician-assisted suicide, which generally enables a terminally ill person strictly within six months of dying to administer the means of his or her own death.

Stevenson’s “Just Mercy,” which has spent 281 weeks on the New York Times best-seller list, is probably the best known of the three books. A forceful and persuasive indictment of our criminal justice system, “Just Mercy” makes alarmingly clear how stacked it is against those least equipped to push back. It’s a system that has all but abandoned efforts toward rehabilitation and instead continues to punish former felons long after they leave prison. A system, increasingly privatized, that is more concerned with maximizing profits than with improving lives. A system that leaves little room for compassion or redemption.

Among the lines from the book that stay with me: “Fear and anger can make us vindictive and abusive, unjust and unfair, until we all suffer from the absence of mercy and we condemn ourselves as much as we victimize others.”

The second book, Giridharadas’s “The True American,” tells the story of Raisuddin Bhuiyan, a Bangladeshi immigrant who in September 2001 was shot in the face by a white supremacist, Mark Stroman, and then unsuccessfully urged clemency for his would-be assassin. Through the story of these two men and the skewed morality of the justice system that failed them, we see how the country squandered its brief moment of post-9/11 cohesion. A sense of cohesion gave way to “us vs. them,” abetted by easy access to firearms and hate-mongering.

Among the lines that stay with me: Quoting from Stroman’s legal team, “‘There is nothing illogical about a system where society does not always fulfill the victim’s desire for revenge, but always respects the victim’s desire for mercy.’”

Bloom’s memoir may seem to have little in common with the other two. But America’s indifference toward those suffering at the end of their lives offers a startling contrast to those waiting out their attenuated lives on death row.

In January 2020, Bloom accompanied her 66-year-old husband, Brian, recently diagnosed with Alzheimer’s, to Zurich, the only place in the world where Americans can travel for a “painless, peaceful and legal suicide.” The few places in the United States where assisted suicide is allowed impose restrictions so exacting they are difficult for people in state, and often nearly impossible for anyone out of state, to meet. Brian’s death comes at his own wish and by his own hand, and while marked by grief, there’s nothing unwanted about it. This, I thought while reading, is how it’s done — and yet we cannot do it this way, here in America.

Among the lines that stay with me: Quoting a doctor, “‘When any kind of right-to-die legislation is proposed — the opposition shows up with 10 million dollars as soon as it’s about your right to choose.’”

At our worst, we ourselves display an undeniable strain of mercilessness, in ways that have come to pervade our culture. Minor mistakes are taken as capital offenses. Apologies are often forced and true forgiveness, rare. In the push to identify and condemn an enemy, we fail to allow for people to make amends. The drive toward justice and accountability too often veers toward blame, retribution and abnegation.

Well, then I won’t end here with more blame. It would be inaccurate, in any case, to pin these policies entirely on the American people when polls suggest that most wouldn’t choose these arrangements. A majority of Americans, 72 percent as of 2018, support euthanasia, and 65 percent as of 2018 support physician-assisted suicide. Around six in 10 Americans believe abortion should be legal in all or most cases. A minority — about 39 percent — but still a sizable number of Americans, oppose the death penalty. Yet majorities concede that innocent people might be killed and that in practice, the current system is racist.

It’s worth asking ourselves, as a nation, what it is about our political and legal systems that leads to so many policies that we Americans — even at our worst — don’t necessarily support.

How do we ask young people just starting out, or older people who have seen so much progress reversed, to care about a country that seems so determined to care so little for them? How do we celebrate on the Fourth of July a country whose laws and institutions so often fail to bring out the best in us?

I am seeing here only the worst side of what feels right now like a broken country. Perhaps it is wise to bear in mind these words from Stevenson’s book: “Each of us is more than the worst thing we’ve ever done.” I’d like to believe this holds true not only for us individually, but also collectively. Perhaps even as a nation.

https://www.nytimes.com/2022/06/26/opin ... iless.html

[Rach3]

Thanks for this. And part of the trend in the NYT op ed, this from Axios today:

More than 1 million voters across 43 states switched to the Republican Party over the past year, while 630,000 became Democrats, AP found by analyzing voter-registration data.

So the GOP got two-thirds of the nearly 1.7 million voters who changed parties in states with data available for the past 12 months.

Why it matters: It's a new sign of a red wave brewing for this fall's midterms.

Between the lines: The phenomenon has played out virtually everywhere — red states and blue states ... big cities and small towns — since President Biden took office.

What's happening: Well-educated swing voters who turned against former President Trump appear to be swinging back.

Zoom in: Tens of thousands of suburban swing voters who helped fuel the Democratic Party's gains in recent years are becoming Republicans.

The outlier: Only Virginia, which held off-year elections in 2021, saw Democrats notably trending up over the last year. And Dems got wiped out in last fall's statewide elections.

Keep reading.

https://apnews.com/article/2022-midterm ... stream=top

(Rach 3: When look closely at the few reasons reported in the AP link story ,recurring themes : Some factually ignorant, some selfish , some parochial voters proving Lincoln’s maxim you can fool some of the people all of the time remains true, with Trump having expanded the “some” to closer to “ all “.)

[Rach3]

In Alabama yesterday, per WAPO:

Execution halted at last minute when Ala. prison staff can’t find vein

By Kim Bellware and Derek Hawkins
September 23, 2022 at 4:42 p.m. EDT


The Alabama Department of Corrections suspended a late-night execution Thursday after it couldn’t find a vein while preparing prisoner Alan Eugene Miller for lethal injection, a delay the state later blamed on a flurry of last-minute legal filings that went all the way to the U.S. Supreme Court.

The cancellation comes after a week of legal battles over which method the state would use to execute Miller, a back-and-forth that death-penalty opponents say reveals larger dysfunctions around how capital punishment operates — or fails to — in the 27 states that still carry out executions.

Miller, 57, was sentenced to death for a 1999 workplace shooting spree in which he killed Michael Holdbrooks, Terry Lee Jarvis and Christopher Scott Yancey, according to court records. The men were Miller’s current and former co-workers whom he had accused of spreading rumors about him, including that he was gay.

He asserted in legal filings the state lost or misfiled his request to be put to death by nitrogen hypoxia, a form of suffocation, after the state approved it in 2018 as an alternative to lethal injection. When the Alabama Department of Corrections said last week it would not to be ready to use nitrogen hypoxia in time for Miller’s scheduled Sept. 22 execution, a federal district court stayed his execution, a decision that was upheld Thursday by a federal appeals court.

The execution was stalled until around 9 p.m. Thursday, when Supreme Court justices voted 5-4 ( Alito,Thomas,Kavanaugh,Gorsuch,Roberts the 5 ) to lift a lower court’s injunction. Alabama Department of Corrections Commissioner John Hamm ultimately halted the execution effort around 11:30 p.m., saying in a statement that prison staffers could not find a vein “in accordance with ADOC protocol.”

The department did not detail what transpired in the 2½ hours between the high court ruling and calling off of Miller’s execution. In a statement, Alabama Attorney General Steve Marshall (R) indicated Miller can expect a future execution date.

“To be clear: Alan Miller will receive his just punishment, which is death by execution," Marshall said. "He has simply succeeded in delaying—not escaping—his appointment with justice.”
The lack of transparency around the failed execution and the state’s yet-unused nitrogen hypoxia protocol only serve to undermine the legitimacy of the death penalty as constitutional or reliable, said Robert Dunham, executive director of the Death Penalty Information Center.

“When states refuse to be open about issues like this, that’s a big red flag,” Dunham said. “You botch three executions and say, ‘Trust me, I’m Alabama,’ that is not a good justification.”

Alabama has had at least two other executions since 2018 that watchdog groups say were botched, including the state’s most recent execution in July of Joe Nathan James. According to a private autopsy detailed in the Atlantic, James probably was subjected to the longest lethal injection in its 40-year history as an execution method — and corrections staff began the process well before media witnesses were allowed into the death chamber.

Botched lethal injections have led to grand jury probes and years-long moratoriums in states including Oklahoma, while Tennessee Gov. Bill Lee (R) in May announced a temporary execution reprieve so the state could investigate a “technical oversight” in the state’s lethal injection protocol.

As legal scrutiny of the death penalty has grown and the availability of approved lethal injection drugs has fallen, states have increasingly sought alternative methods, including once-retired ones like the electric chair, and never-before used ones like nitrogen hypoxia.

Nitrogen hypoxia involves depriving prisoners of oxygen and forcing them to breathe pure nitrogen; plummeting blood-oxygen levels would cause the prisoner to lose consciousness and eventually die of cardiac arrest, possibly in a matter of minutes.

Alabama, Oklahoma and Mississippi have approved nitrogen hypoxia as an execution method, but none have revealed their protocols.

In court this month, an Alabama prosecutor told a federal judge it was “very likely” that officials would be able to use nitrogen hypoxia by Miller’s execution date. But soon after, Alabama Corrections Commissioner Hamm said in an affidavit that the state could not carry out executions using the method because officials had not finished protocols for doing so.

“Whether states are trustworthy to carry out their own protocols is separate from the huge issue of secrecy and the lethal drug issues,” Dunham said. “What we’re seeing is that most states are not interested in carrying out executions. And the ones that are are engaging in extreme conduct and doing so with utter disregard for the law.”

Daniel Neppl, Miller’s lead attorney, did not immediately respond to a request for comment following the late-night cancellation Thursday, but in his response to the Alabama attorney general’s petition to the U.S. Supreme Court, he criticized the state for the rush.

“What is the emergency?” Neppl wrote. “Mr. Miller is not going anywhere, and neither is the Alabama Department of Corrections.”

Neppl wrote that Miller is not requesting an “open-ended” stay of execution, only a delay so that he can be put to death by his preferred method.