USA - Supreme Court Narrowly Upholds Use of Lethal Injection Drug.

Supreme Court Narrowly Upholds Use of Lethal Injection Drug. The U.S. Supreme Court held (5-4) in Glossip v. Gross that Oklahoma inmates "failed to establish a likelihood of success on the merits of their claim that the use of midazolam violates the Eighth Amendment." The court's conservative majority said lethal injection remains the most humane method of execution. During oral arguments in April, they had blamed opponents for exacerbating a shortage of drugs that has forced some states to experiment with less reliable alternatives. Justice Samuel Alito wrote the decision for the court. All 4 liberal justices dissented. To prohibit the use of midazolam, a sedative that has left some death row prisoners apparently able to feel pain from the next 2 drugs in a 3-drug cocktail, would have unfairly tied the states' hands, the justices ruled. Midazolam was used in 3 2014 executions in Oklahoma, Arizona and Ohio in which prisoners struggled, groaned or writhed in apparent pain during the administration of drugs used to paralyze them and stop their hearts. In 12 other executions, the drug cocktail did not cause obvious mishaps. In Oklahoma, death-row inmates Richard Glossip, John Grant and Benjamin Cole, brought the latest lawsuit. The inmates had challenged the state's use of midazolam as the first drug in a three-drug protocol, saying that it "fails to render a person insensate to pain." Justice Alito said that, in order to prevail, the inmates would have had to identify a "known and available alternative method" that has a lower risk of pain. The decision will allow states that use midazolam, including Oklahoma, to resume executions, though they can still consider alternatives. In a sweeping dissenting opinion raising deep concerns about the death penalty itself, Justice Stephen Breyer, joined by Justice Ruth Bader Ginsburg, said, "I would ask for full briefing on a more basic question: whether the death penalty violates the Constitution....Today’s administration of the death penalty involves three fundamental constitutional defects: (1) serious unreliability, (2) arbitrariness in application, and (3) unconscionably long delays that undermine the death penalty’s penological purpose. Perhaps as a result, (4) most places within the United States have abandoned its use." Dale Baich, one of the attorneys for the Oklahoma inmates, reacted to the Court's ruling, stating, “Today's ruling, which allows departments of corrections to use midazolam in lethal injection executions, contradicts the scientific and medical understanding of the drug’s properties. Because the Court declined to require that states follow scientific guidelines in determining their lethal injection procedures, states will be allowed to conduct additional human experimentation when they carry out executions by lethal injection. “Despite the Court's unwillingness to step in on this important issue, and given the substantial risk of harm, litigation surely will continue. We will continue to work in the courts to hold the states accountable in order to try and prevent botched executions in the future.”