In a victory for death penalty proponents and states, the Supreme Court ruled Monday that a part of the drug cocktail used to execute inmates does not violate the Constitution.
The 5-4 ruling found that the use of the drug midalozam does not violate the Eighth Amendment’s prohibition of cruel and unusual punishment.
Midalozam is one of the drugs used in a new three-drug cocktail employed to execute inmates, which had never before been used in executions. The plaintiffs, three death row inmates in Oklahoma, argued the drug, the first administered to an inmate, doesn’t relieve pain and increases suffering when the other two drugs are administered to stop the heart from beating.
The case centers on the execution of Clayton Lockett in Oklahoma last year. Lockett, put to death for murder, rape and kidnapping, writhed in pain and didn’t die until nearly 45 minutes after receiving the three-drug cocktail.
The lawsuit argues the Food and Drug Administration has not approved midazolam for use as a general anesthesia and should not be used in an execution.
In addition to Oklahoma, Arizona, Florida and Ohio use midalozam to help execute inmates. Kentucky, Alabama, Virginia and Louisiana are considering using midalozam, according to the nonprofit Death Penalty Information Center.
The ruling comes as states are struggling to find execution drugs, including the normal anesthetic of sodium thiopental. Manufacturers have largely stopped providing them and now compounding pharmacists, who can mix together the cocktail, are wary of doing it.
In light of the short supply, some states have turned to more unorthodox measures. Utah, for example, has approved firing squads as a method of execution if the drug is unavailable.
Texas, which executes the most people in the country, is believed to be running low on the drug and nearly ran out earlier this year before buying some from a compounding pharmacy.
This is the first time the Supreme Court examined lethal injection since 2008, where in the case Baes and Bowling v. Rees the court found that the four-drug cocktail used in injections didn’t amount to cruel and unusual punishment if administered incorrectly.
