The U.S. Supreme Court Loves Kentucky!

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Though no Kentuckian has warmed its benches since Fred Vinson died suddenly in 1953, the U.S. Supreme Court apparently loves Kentucky litigants, most recently inviting first David Friedman's and then Teddy Gordon's clients up to Washington to chat about courthouse decorations and the Louisville public schools. Next year, some Frankfort attorneys will be making the trip, this time to defend the Kentucky death penalty and, in an unrelated case, its Kentucky retirement plan. (Contrary to belief, Eddyville's Kentucky State Penitentiary is not part of the retirement system).

In Baze v. Rees, 07-5439, the Court will decide whether the risk of pain and suffering inherent in execution by lethal drugs makes the method unconstitutional under the 8th Amendment's prohibition against cruel and unusual punishment. The justices will also examine whether Kentucky pension plan engages in age discrimination when it uses age as part of its formulae (Kentucky Retirement v. EEOC, 06-1037).

Details on the cases, including the cert briefs, can be found on SCOTUSBlog.