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Supreme Court upholds use of controversial execution drug
By siouxcityjournal.com- Mark Sherman
Published: 06/30/2015

WASHINGTON (AP) — Trading sharp words, a deeply divided Supreme Court upheld the use of a controversial drug in lethal-injection executions Monday, even as two dissenting justices said for the first time they think it's "highly likely" the death penalty itself is unconstitutional.

On their last day together until the fall, the justices voted 5-4 in a case from Oklahoma that the sedative midazolam can be used in executions without violating the Eighth Amendment prohibition on cruel and unusual punishment.

The court also divided 5-4 in cases upholding congressional districts drawn by independent commissions and calling into question first-ever limits on mercury emissions from power plants. In addition, the justices also agreed to hear an important affirmative action case in the fall.

In the dispute over the lethal-injection drug, midazolam was used in Arizona, Ohio and Oklahoma executions in 2014. The executions took longer than usual and raised concerns that the drug did not perform its intended task of putting inmates into a coma-like sleep.

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