SC Supreme Court rules state’s execution methods constitutional, including firing squad

The state Supreme Court ruled Wednesday that all of the state’s methods to execute inmates sentenced to death are constitutional.

All five justices agreed in part with the ruling that allows executions to resume. However, execution dates still need to be scheduled.

South Carolina law specifies the electric chair as the default method of execution while giving inmates the option of choosing death by firing squad or lethal injection, if those methods are available.

“The state did not ‘inflict’ an ‘unusual punishment’ as the section prohibits. Rather, the state gave inmates a choice, and ‘choice’ is not ‘unusual’ under our constitution,” Justice John Few wrote in the majority opinion.

The option for the firing squad was added in 2021 when the state made also made the electric chair the default method of execution.

“Today’s Supreme Court decision is a win for the rule of law,” said Senate Majority Leader Shane Massey. “Senate Republicans stood up for victims’ families and crafted this law to ensure that, while justice may have been delayed, it will not be denied.”

Before the electric chair became the default method of execution, lethal injection was primary method. But lethal injection could not be carried out because the Department of Corrections had difficulty obtaining drugs to carry out executions.

After the state passed a shield law the Department of Corrections was able to obtain drugs to offer lethal injection. The shield law allows the Department of Corrections to keep secret who the agency purchases the lethal injection drugs.

“We’re ready to carry out all methods of execution,” Department of Corrections Director Bryan Stirling told reporters Wednesday.

South Carolina has 32 people waiting to be executed. One of those inmates is in California. Four or five of the inmates awaiting execution have exhausted their appeals.

“The Supreme Court has rightfully upheld the rule of law,” Gov. Henry McMaster said. “This decision is another step in ensuring that lawful sentences can be duly enforced and the families and loved ones of the victims receive the closure and justice they have long awaited.”

South Carolinians for Alternatives to the Death Penalty spoke out against the decision saying executions will just lead to renewed trauma for victims and their families.

“The death penalty has been shown to be cruel, corporal and unusual, through evidence presented at the trial in August 2022, just as it has been shown to be racist, classist, costly and ineffective,” said Hillary Taylor, the group’s executive director. “While the court ruled that Corrections must disclose certain information about its store of lethal injection drugs, we believe the department will still be allowed to keep important lethal injection information a ‘state secret.’”

This story was originally published July 31, 2024 at 1:16 PM with the headline "SC Supreme Court rules state’s execution methods constitutional, including firing squad."

Joseph Bustos

The State

803-771-8450

Joseph Bustos is a state government and politics reporter at The State. He’s a Northwestern University graduate and previously worked in Illinois covering government and politics. He has won reporting awards in both Illinois and Missouri. He moved to South Carolina in November 2019 and won the Jim Davenport Award for Excellence in Government Reporting for his work in 2022. Support my work with a digital subscription