Justice Department Ends Federal Execution Protocol Over Pain Concerns

Attorney General Merrick Garland orders the withdrawal of pentobarbital-based lethal injections, citing evidence of potential unconstitutional suffering.

• The Justice Department has rescinded the use of pentobarbital for federal executions following a review that found significant uncertainty about whether it causes unnecessary pain and suffering.
• Attorney General Merrick Garland emphasized the need to prioritize humane treatment and stated the protocol should not be reinstated unless the uncertainty is resolved.
• The review highlighted medical findings that pentobarbital could cause flash pulmonary edema, a painful condition akin to drowning, raising constitutional concerns about cruel and unusual punishment.
• The Biden administration previously commuted the sentences of 37 federal death row inmates, leaving just three individuals—Dylann Roof, Dzhokhar Tsarnaev, and Robert Bowers—facing execution.
• The decision could prompt broader scrutiny of execution protocols nationwide, as multiple states currently use pentobarbital for lethal injections.

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