RICHMOND, Va. (WRIC) — The Supreme Court has decided to uphold the use of a controversial drug that’s been implicated in several botched executions.
There was concern that the use of the drug could fall under ‘cruel and unusual punishment,’ because it has been used in executions in other states and can sometimes take longer than usual. However, justices voted 5-4 to continue to allow the sedative, Midazolam, to be used in executions.
Midazolam is one of three drugs Virginia can use in step one of its three-drug execution protocol.
Just because it’s been given the ‘okay’ by the Supreme Court, doesn’t mean it’ll be used right away, though. Virginia added Midazolam to its protocol last year but hasn’t used it. No executions are scheduled and the state’s supply expires at the end of September.
Department of Corrections spokeswoman Lisa Kinney says the state doesn’t have either of the other two step-one drugs and is unable to obtain them. Also, it’s uncertain whether additional Midazolam will be available after the current batch expires.
The state’s last lethal injection execution was in August 2011.
The ACLU has already responded to this decision from the Supreme Court. They sent a statement to 8News that reads, in part:
No one in our correctional system should read this case as approving the way capital punishment is administered in the Commonwealth… A majority of states have abandoned the death penalty in law or in practice in recent years… Virginia should follow suit. Until repeal is accomplished, however, we urge Governor McAuliffe, the Secretary of Public Safety and members of the General Assembly to take all possible steps legislatively and administratively to ensure the current process is fair and accurate.”
Eight men are on Virginia’s death row.
Stay with 8News for more on this story. The Associated Press contributed to this report.
