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Entries in Lethal Injection Drug (2)

Thursday
Apr212011

Can FDA Determine Whether to Import Execution Drug?

Paul Tearle/Thinkstock(WASHINGTON) -- On Wednesday night, the Department of Justice asked a federal judge to dismiss a case brought by a death row inmate who argues that the FDA should prohibit the importation of a drug used for lethal injection executions.

Daniel Cook, who is on death row in Arizona, argues that the FDA is violating federal law and its own prior policies by allowing the importation of sodium thiopental from unapproved foreign suppliers.

Arizona and other states are scrambling to get supplies of the drug because it is no longer manufactured in the United States.

The Obama administration argues in Wednesday's filing that the FDA has full discretion whether to launch an investigation or enforcement action and the decision is "not subject to judicial review."

According to the DOJ brief: "Plaintiffs’ assertion that they are at risk of injury from defects in thiopental is pure speculation and, as a matter of law, insufficient to satisfy the standing requirement of 'injury-in-fact.'”

Copyright 2011 ABC News Radio

Wednesday
Jan262011

Courts Deny Stay of Execution for Lethal Injection Drug Probe

Photo Courtesy - Getty Images(WASHINGTON) -- Tuesday night, the full Court released an order denying a last minute stay of the execution of Emanuel Hammond, a Georgia man accused of the murder of teacher Julie Love in 1988. Just two hours prior, Justice Thomas temporarily granted a delay in the execution -- "pending further order" -- of the Court. But later, the Court released  an order saying that Thomas had referred the matter to the full Court, and the full Court decided to deny Hammond's request to delay his execution.

Hammond's lawyers had argued that they wanted more time to investigate Georgia's supply of a lethal injection drug. The lawyers said that because the drug -- sodium thiopental -- is in short supply in the U.S., states are relying on shady sources to get the drug. Hammond's lawyers claim Georgia ordered the drug from Dream Pharma -- a London company based in a driving school and say they are unsure whether the drug is expired or even labeled properly.

The only U.S. manufacturer, Hospira, has announced it's halting production. Nearly all of the 39 states that permit lethal injection use sodium thiopental.

Copyright 2011 ABC News Radio







ABC News Radio