U.S. Supreme Court Hears Arguments Over Oklahoma Executions

The U.S. Supreme Court heard arguments Wednesday, about the constitutionality of the state's lethal injection method. Most who were in the court said, it seemed justices were split during arguments over whether Oklahoma's lethal injection method violates the 8th amendment, prohibiting cruel and unusual punishment.

The drug midazolam is at the center of the case. It's the first drug used in Oklahoma's lethal injection process. Lawyers representing several Oklahoma death row inmates said it is ineffective in preventing the searing pain of the next two drugs.

“The second and third drugs create a high level of pain and suffering that must be relieved for an execution to be constitutional,” said Robin Conrad, who represents the inmates.

Oklahoma started using midazolam after two other drugs became unavailable. Justice Alito questioned what he called "guerilla war against the death penalty" by death penalty opponents.

“Pentobarbital, sodium thiopental have been used in the past, if we had access to those drugs we would use those drugs. We do not, we continue to try and access those drugs. We cannot,” said Oklahoma Attorney General Scott Pruitt.

But Justice Kagan questioned whether the drug can induce the level of unconsciousness required, and said if midazolam doesn't work prisoners would essentially be "burned alive from the inside."

“As problematic executions have demonstrated midazolam cannot reliably produce a constitutional execution,” said Conrad.

Oklahoma Attorney General Scott Pruitt argues new Oklahoma execution protocol calls for a medical practitioner to determine the level of unconsciousness five minutes after the drug is administered before the other two drugs are injected.

“I believe we submitted a case that will prove midazolam pursuant to the 8th amendment is constitutional,” said Pruitt.

A ruling from the court is expected in late June.