The Clinic, with Cornell's Capital Punishment Clinic and Boies Schiller Flexner LLP, represents client Justice 360 in litigation against the state of South Carolina. Justice 360 seeks access to the state's lethal injection cocktail and protocols. In 2010, the state passed a secrecy statute barring disclosure of the identity of any member of a current or former execution team. South Carolina's Attorney General subsequently interpreted that statute broadly to forbid the disclosure of additional information related to the lethal injection process. The Clinic filed a motion for a temporary restraining order, seeking to enjoin enforcement of the statute. The Clinic set forth a novel theory of professional speech, arguing that Justice 360 is entitled to the information because knowledge of the cocktail composition and injection procedures is necessary to inform Justice 360's clients--death-sentenced inmates--on critical matters, including election of execution method. The Clinic additionally argued that the statute discriminates on the basis of content and that South Carolina does not have a compelling interest in the secrecy of the information at issue.

The District Court dismissed the claim, and Plaintiff J360 and the Clinic appealed. The case is currently pending before the Fourth Circuit Court of Appeals with Alumna Lindsey Ruff ’19 expected to argue that case in the coming months.

Information on this page is provided for archival purposes. All newly created PDFs on this website are accessible. For an accommodation for PDFs on this page, please contact law-web-ada@cornell.edu.