Legal Commentary

Lethal Injection with Nothing to Inject

By Jonathan H. Adler

There is a national shortage of one of the primary drugs used for lethal injections, thiopental sodium.  Ohio only has enough of the drug for two more executions, at which point it will need to grant temporary reprieves or develop a new lethal injection protocol (which would, in turn, invite a new round of legal challenges).  The maker of thiopental sodium, Hospira, has also sent a letter to every state stating that it does not approve of the use of its product for lethal injections.  So even once drug supplies increase, lethal injection states may need to find a new method of execution.

Full post as published by The Volokh Conspiracy on September 24, 2010 (boomark / email).