Ohio made history today by becoming the first state to use the
two-drug combination of midazolam and hydromorphone in the execution of
Dennis McGuire. State officials decided to use this experimental
combination of powerful sedatives and painkillers after supplies of
approved execution drugs ran dry. These shortages have caused other
states to begin using experimental and downright dangerous methods to
carry out executions.
One of the most popular alternatives has been for states to seek out
drugs from compounding pharmacies. These drugs are made to order and
have no accountability measures or oversight from the Food and Drug
Administration (FDA) to ensure the drugs work as they are intended. The
result—some, if not all, batches of drugs from compounding pharmacies
may be ineffective and would not have passed traditional FDA approval.
This greatly increases the risk that the condemned will experience
torturous pain while they are executed. Even those who may strongly
agree with the death penalty must admit that conducting state business
in secret without accountability is no way for government to run. Even
if execution itself has not (yet) been found a violation of the U.S.
Constitution’s ban on “cruel” and unusual punishment, certainly a
torturous death using experimental drug combinations is.
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