Justices query if lethal injections cause pain

WASHINGTON - Several Supreme Court justices on Wednesday grilled state and US government lawyers about whether lethal injections as currently administered for executions caused excruciating pain.

"Your procedure would be prohibited if applied to dogs and cats," Justice John Paul Stevens told Florida Assistant Deputy Attorney General Carolyn Snurkowski.

Justice Ruth Bader Ginsburg also asked whether the method currently used involved the risk of a death row prisoner dying an excruciating death.

The arguments before the high court involved whether death row inmates can bring a last-minute challenge to the lethal injection method under a federal civil rights law.

The case involved a Florida death row inmate, Clarence Hill, who is challenging the three chemicals that would be used for his execution. The US Constitution bars "cruel and unusual punishment." There were US 60 executions last year.

All but one of the states with the death penalty and the federal government use lethal injection for executions. The only exception is Nebraska, which requires electrocution.

The current mix of drugs has been used in 850 of the 1,018 executions since the reinstatement of capital punishment three decades ago.

The method involves three separate drugs: the first renders the victim unconscious, the second stops all muscle movement except the heart and the third stops the heart, causing death.

Critics argue that the short-acting anaesthetic used to cause unconsciousness may wear off, leaving the inmate fully conscious, yet paralysed, as the other drugs take effect.

If the Supreme Court rules for Hill, it would allow him to proceed with his claims before a federal district court in Florida. It also could encourage other death row inmates around the country to bring similar challenges.

Several justices questioned whether the state had investigated the method of lethal injection to make sure it was administered in the most humane and painless way possible.

Justice Stephen Breyer said states could administer more sodium pentothal to ease the pain or could have a doctor present at the execution. "That doesn't seem too difficult," he told Snurkowski.

Justice Anthony Kennedy asked whether the state had a minimal obligation under the Constitution to investigate whether it used the most humane method.

Justice David Souter also asked whether the state had an obligation to do some investigation on its own, especially after questions have been raised that a particular procedure causes pain.

On the other side, Justice Antonin Scalia, a strong death penalty supporter, said the Supreme Court has never held that a state must use a method that causes the least amount of pain.

"Hanging was not a quick and easy way to go," Scalia said.

US Justice Department lawyer Kannon Shanmugam supported the state. A ruling is expected by the end of June.

- REUTERS