Court battle over sedative used for executions in Arkansas is renewed

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Court battle over sedative used for executions in Arkansas is renewed
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A federal lawsuit filed by death row inmates has renewed a court fight over whether the sedative Arkansas uses for lethal injections causes torturous executions.

of the drugs. It'll also be the latest in a series of legal battles over midazolam, a sedative that other states have moved away from using amid claims it doesn't render inmates fully unconscious during lethal injections.States that want to avoid unnecessarily inhumane executions will be watching closely, said Robert Dunham, executive director of the Death Penalty Information Center, which has criticized the way states carry out the death penalty.

Only four of the eight executions scheduled in Arkansas over 11 days in 2017 actually happened, with courts halting the others. The state currently doesn't have any executions scheduled, and Arkansas' supply of the three drugs used in its lethal injection process has expired. Another round of multiple executions is unlikely if Arkansas finds more drugs, since only one death row inmate has exhausted all his appeals.

State Attorney General Leslie Rutledge says the inmates in the case have a very high burden to meet and cites aagainst a Missouri death row inmate. Justice Neil Gorsuch, writing for the majority in that case, wrote that the U.S. Constitution"does not guarantee a prisoner a painless death." Rutledge called the federal case in Arkansas the latest attempt by death row inmates to delay their sentences from being carried out.

— have declared moratoriums, and court rulings have effectively put executions on hold in several others. The list of death penalty states is poised to shrink, though, with New Hampshire lawmakers sending the governor a repeal measure. Bills to repeal or significantly curtail the death penalty have been introduced in 18 states this year, Dunham said.

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