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 The main question before the nine justices in the case brought by
three death row inmates that will be heard on Wednesday is whether
the use of the sedative midazolam violates constitutional
protections against cruel and unusual punishment.
The case does not address the constitutionality of the death penalty
in general, but brings fresh attention to the debate over whether
executions should continue in the United States.
Opponents say midazolam is not approved for use in painful surgeries
and should not be used in the death chamber because it cannot
maintain a coma-like unconsciousness, potentially leaving inmates in
intense pain from lethal injection drugs that halt breathing and
stop the heart.
The drug has been used in executions in Oklahoma, Florida, Ohio and
Arizona.
 "Oklahoma's selection of midazolam was grounded in expedience,
rather than science," according to a petition filed with the court
on behalf of the inmates: Richard Glossip, John Grant and Benjamin
Cole.
Glossip arranged for his employer to be beaten to death. Grant
stabbed a correctional worker to death. Cole killed his 9-month-old
daughter.
The state maintains the drug is effective. Oklahoma's lawyers said
in court papers the case was a "full-throated attack" on the state's
ability to implement death sentences.
Executions in Oklahoma came under greater scrutiny after the flawed
lethal injection a year ago of convicted murderer Clayton Lockett,
who received midazolam and was seen twisting on the death chamber
gurney after medical staff improperly placed the IV line.
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Citing ethical reasons, drug-makers, mostly from Europe, began about
four years ago banning sales of drugs for use in executions. States
were forced to find new combinations and turned to lightly regulated
compounding pharmacies, which can mix chemicals, for their execution
drugs.
Another barrier was set up in March when the largest association of
U.S. pharmacists approved a measure at its annual meeting urging
members to avoid participating in executions.
"The difficulties in obtaining drugs are going to persist whether or
not midazolam is found to be constitutional," said Robert Dunham,
executive director of the Death Penalty Information Center, whose
data on capital punishment is used by both sides of the debate.
(Reporting by Jon Herskovitz in Austin, Texas; Additional reporting
by Lawrence Hurley in Washington; Editing by Peter Cooney)
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