Supreme Court: Doctors can be present


The N.C. Supreme Court has ruled that doctors can be present at executions.

In a 4-3 decision authored by Justice Edward Thomas Brady, the court found that the N.C. Medical Board could not prohibit physicians from participating in the state's capital punishment procedures.

A state statute, "by its plain language, envisions physician participation in executions in some professional capacity," Brady wrote.

The medical board, a professional group that sets ethics rules for doctors, had barred doctors from monitoring inmates who were being put to death. In a lawsuit, the state Department of Correction argued that state law requiring doctors trumped the board's decision.

A Wake County Superior Court judge sided with the state in 2007, but executions remained in limbo while the case was being resolved. In today's ruling, the majority of the state Supreme Court affirmed the lower court's ruling.

In a dissent, Justices Robin Hudson and Patricia Timmons-Goodson and Chief Justice Sarah Parker argued the court should have let the legislature decide the issue.

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