Two men awaiting execution in Kentucky have lost their appeal challenging the clemency powers given to the governor.
Robert Foley and Ralph Baze claim the governor's absolute clemency authority violates their due-process rights. Kentucky's Supreme Court rejected their argument in a unanimous ruling Thursday.
The two condemned inmates claim most states require clemency hearings. In Kentucky, no recommendations or hearings are needed for the governor to decide whether someone should not be put to death. Foley and Baze say that could lead to arbitrary life-and-death decisions.
In writing for the court, Justice Lisabeth Hughes Abramson said the presumption is the governor would abide by state and federal constitutional requirements when deciding on requests by inmates for a commutation or pardon.
Foley and Baze are awaiting execution for multiple killings.