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Supreme Court to decide constitutionality of lethal injection drugs
By constitutioncenter.org- Juliana Stiles
Published: 04/21/2015

Next week, the Supreme Court is set to wade into debate over the constitutionality of certain drugs used for execution by lethal injection, as Glossip v. Gross comes before the bench.

SupremeCourt_insideArguments will be heard on April 29 in the case, brought by several death-row inmates in Oklahoma, who claim that the use of midazolam, an anti-anxiety medication, as a sedative during lethal injection violates a prisoner’s Eighth Amendment right to be free from cruel and unusual punishment.

After a decision in the district court went in favor of the Oklahoma Department of Corrections, and was affirmed by the court of appeals, the case has reached the Supreme Court.

Executions by lethal injection in Oklahoma, as in most states, are done with a three-drug formula. The first drug is a sedative (typically a barbiturate such as sodium thiopental), which places the prisoner in a deep, coma-like state so the pain of the following two drugs is not felt. The second drug is a paralytic which prevents all movement and stops respiration by paralyzing the diaphragm. The third and final drug induces cardiac arrest. The second and third drugs are extremely painful when administered, so a sedative is needed to ensure there is no cruel and unusual punishment.

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