What is the test for establishing a lethal injection protocol in a state?
MultiRegion, United States of America
The following excerpt is from Andrews v. Davis, 798 F.3d 759 (9th Cir. 2015):
It is premature to rule on the constitutionality of a state's lethal injection protocol if the state does not have one in place. See Payton v. Cullen, 658 F.3d 890, 893 (9th Cir.2011). Therefore, the district court erred in entertaining this claim, and we dismiss it as unripe.15
[798 F.3d 786]
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