Pruitt’s office will argue to the Supreme Court justices on Wednesday that the drugs Oklahoma used in Clayton Lockett’s execution in April 2014 met the test established when the high court upheld Kentucky’s lethal injection method in 2008.
There is not, the state contends, an “objectively intolerable risk of harm” when midazolam is used as a sedative, even though the drug does not have the same properties as the barbiturates that have been administered previously.
And, Pruitt said, inmates challenging the state’s use of midazolam must show there is a “widely available alternative” that would pose less risk of harm.
Speaking for myself, I’ve had exactly one dose of midazolam, and I’d say it was a pretty darn good sedative, but that’s just a single data point, and besides, they weren’t putting me to death, or at least they said they weren’t.
Then again: “widely available”? How about “all over the place”?
Before the first Shuttle launch, some ground crew died in the engine compartment of the orbiter, because they were in there during a nitrogen purge. They apparently never knew they had a problem, but simply passed out. If there’s a CO₂ buildup, the body knows it’s asphyxiating, and tries to do something about it, but no such warning mechanism has ever developed for a pure nitrogen atmosphere, because no animal would have ever encountered such an environment in nature.
So why not simply bring back the gas chamber, but instead of a toxin, simply remove the air and replace it with nitrogen? I’m sure there are other examples, but I fail to understand why this is such a difficult problem.
Governor Fallin has signed a bill to do essentially that as the state’s official backup execution protocol. I suspect the only reason it’s not moved to the head of the list is the fear of legal challenges — as though there weren’t legal challenges by the score already.