That's Creative Lawyering

I know the Ninth Circuit is renowned for its liberalness and willingness to stretch the law a bit, but I think even they may have a hard time swallowing an argument made by attorneys trying to save a condemned prisoner from execution. They argue that California's method of execution, lethal injection, infringes upon their client's First Amendment rights because the initial paralyzing drug prevents him from calling out or otherwise indicating whether he is in pain. I don't see this going anywhere, but I applaud creative lawyering in the name of side-stepping the death penalty.