The Supreme Court upheld the most common method of lethal injection executions today by a 7-2 vote, turning back a constitutional challenge to the procedures in place in Kentucky, which uses three drugs to sedate, paralyze and kill inmates. 

Those opposed to the drug cocktail argued that if the initial anesthetic drug does not work properly, the other two drugs can cause extreme pain which could be classified as "cruel and unusual punishment" banned by the Constitution.  And because one of the drugs is a paralytic, the prisoner would not be able to express that discomfort. 

Thirty states use the same death cocktail for executions, so today's decision puts an end to legal arguments in play keeping a number of death row inmates from being killed.

While the Justices were making their decision, The Innocence Project - a nonprofit dedicated to exonerating those unjustly convicted of crimes through DNA testing - issued a press release stating that a man who has spent 23 years in prison for a Dallas County rape and burglary, has been proven innocent through DNA testing and is expected to be released from prison tomorrow. 

Thomas McGowan, represented by The Innocence Project, became the 25th person in Texas to be exonerated by DNA testing.  On their website, the group highlights the fact that "215 people in the United States have been exonerated by DNA testing, including 16 who served time on death row.  These people served an average of 12 years in prison before exoneration and release."

The McGowan case demonstrates that the legal system still has some kinks to work out.  But with a roadblock to execution lifted today, more prosecutors will likely push for the death penalty.  While they do, lets hope officers of the court and jury members keep the McGowan case in mind and push for the highest degree of certainty possible before pressing the death penalty.  After all, the Supreme Court can't overturn a death.  

Read the Supreme Court decision here.