Sunday, May 31, 2015

Stern on Lethal Injection

Jeffrey Stern gives the shameful back-story on Clayton Lockett's botched execution over at The Atlantic. In the course, he also gives the shameful back-story on Glossip v. Gross, the case now before the Supreme Court testing whether a state can use a three-drug protocol where the first drug does not reliably induce a a deep, coma-like unconsciousness, and where the second and third drugs can therefore cause excruciating pain.

Stern covers all the details: death-penalty states' initial inability to acquire sodium thiopental (the old first drug); their efforts to get it overseas and from compounding pharmacies; their later inability to get it from these sources (in part because of foreign governments' opposition to the death penalty); their turn to midazolam, a sedative, as an alternative; and their botched executions using this alternative.

If you don't know the back-story, read Stern's piece. It puts a different shade on the oral arguments in Glossip (which we previewed here).

https://lawprofessors.typepad.com/conlaw/2015/05/stern-on-lethal-injection.html

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