death penalty

The U.S. Supreme Court on Monday issued the last of its opinions for this term — on the death penalty, anti-pollution regulations and the power of independent commissions to draw congressional and state legislative districts. In addition, the court issued a set of orders that set up cases to be heard next term on affirmative action and abortion.

The U.S. Supreme Court on Monday dealt a major blow to death penalty opponents, upholding the use of a controversial drug as part of a three-drug execution cocktail. The vote was 5-4, with unusually passionate and sometimes bitter opinions from the majority and dissenting justices.

Supreme Court Upholds Use Of Execution Drug

Jun 29, 2015

In a 5-4 decision, the Supreme Court has upheld the use of a controversial execution drug.

The case was brought by a group of Oklahoma inmates who argued that a drug used by the state constituted cruel and unusual punishment because it did not guarantee that prisoners would be unconscious when additional drugs were administered to stop their hearts.

The drug was used in three botched executions last year that appeared to leave prisoners in excruciating pain. The court ruled that the Oklahoma prisoners did not prove that a better drug was available.

Updated at 10:46 a.m. ET

The U.S. Supreme Court, in a 5-4 opinion, says the sedative used in Oklahoma's lethal injection cocktail does not violate the U.S. Constitution's ban on cruel and unusual punishment.

Here's the background to the case, in the words of SCOTUSblog:

Dr. Ervin Yen holds a prescription for Midazolam
Kate Carlton Greer / KGOU

The Supreme Court upheld Oklahoma’s lethal injection protocol Monday. The case centered on a single drug, midazolam, that’s now used as part of a three-drug cocktail. Critics claim it is unreliable during executions and cannot produce a “deep, coma-like state” on a regular basis.

But in hospitals across Oklahoma, the drug is being used by anesthesiologists very frequently.

The Nebraska state Legislature voted Wednesday to repeal the death penalty in the state. The 30-19 vote overrides Gov. Pete Ricketts' veto of a law the Legislature passed last week getting rid of the policy.

The U.S. Supreme Court is examining whether the death penalty method in Oklahoma constitutes cruel and unusual punishment for using a virtually untested drug called midazolam.

The plaintiffs, several prisoners on death row in the state, brought the case after the botched execution of Clayton Lockett, who took 43 minutes to die on the gurney in April of 2014.

Oklahoma Attorney General Scott Pruitt admitted Wednesday his office incorrectly cited documents in a brief submitted to the U.S. Supreme Court ahead of the lethal injection case. Spokesman Aaron Cooper says the error was "inadvertent."

A fascinating account of the lethal injection of Clayton Lockett a little over a year ago, and an in-depth look at the history of how execution drugs became so hard to come by in the cover story of this month's Atlantic magazine.

Manufacturer Asks Oklahoma To Return Execution Drug

Apr 30, 2015
Oklahoma has authorized four different lethal injection protocols: a single, lethal dose of either pentobarbital or sodium pentothal, a two-drug procedure using midazolam and hydromorphone, or the same three-drug method used in Florida.
James Heilman, MD / Wikimedia Commons

One of the pharmaceutical manufacturers that produces a drug used in Oklahoma’s botched execution last year has asked the state to return all of the doses of the drug.

Illinois-based Akorn is one of several manufacturers that makes the sedative midazolam, which is part of a three-drug cocktail used in lethal injections in Oklahoma and other states.

The company sent a letter to state Attorney General Scott Pruitt on March 4 demanding that any of the company’s midazolam be returned for a full refund. The company said its drugs are not approved for executions.

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