US Supreme Court says drug used in botched executions is constitutional

The justices ruled 5-4 that sedative midazolam can be used in executions without violating the Eighth Amendment

(Associated Press)

The United States Supreme Court has upheld the use of a drug which has been used in several botched executions on Monday morning.

The justices ruled 5-4 that sedative midazolam can be used in executions without violating the Eighth Amendment, which prohibits cruel and unusual punishment.

(Associated Press)

Justice Sonia Sotomayor wrote the dissent, questioning the use of the drug.

"Under the court's new rule, it would not matter whether the state intended to use midazolam, or instead to have petitioners drawn and quartered, slowly tortured to death, or actually burned at the stake."

However, in the conservative majority, Justice Samuel Alito said that arguments against the drug's efficacy were speculative at best.

"The dissent's resort to this outlandish rhetoric reveals the weakness of its legal arguments."

In 2014, Clayton Lockett regained consciousness during his execution in Oklahoma. In similar Ohio and Arizona cases, prisoners reportedly regained consciousness and choked for long periods of time.