Lethal-Injection Drug Allowed by Divided U.S. Supreme Court
2 Justices Say Death Penalty Is Probably Unconstitutional
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A divided U.S. Supreme Court upheld the use of a lethal-injection drug used in three botched executions last year, as two dissenting justices said for the first time that the death penalty is probably unconstitutional.
Ruling in a case that stirred passions on both sides, the 5-4 majority rejected arguments that midazolam puts inmates at risk of a painful death. The decision gives more latitude to death-penalty states coping with a drug shortage that has forced them to alter their lethal-injection protocols.