4th Circuit to consider Virginia's use of lethal injection

Virginia and its death-row inmates are back in the news today. Christopher Scott Emmett and his attorneys will argue in front of the 4th Circuit Court of Appeals that Virginia's use of lethal injection poses a "substantial risk" of harm and is thus banned under the constitution. This is the first challenge to lethal injection since the Baze v. Rees decision by the U.S. Supreme Court that ruled lethal injection was not cruel and unusual punishment when administered under certain guidelines. Emmett's attorneys think Virginia's methods differ enough from what the Supreme Court allowed that they challenged this ruling.

Emmett and his attorneys are also arguing that the Virginia officials who administer the injections “have performed incompetently,” and they further argue that Virginia administers too little of the first drug and thus inmates may not be truly unconscious. They further propose that a single-drug alternative be considered for executions. They are asking that the Circuit Court send these issues back to a lower court to rule on them.

It seems unlikely that the 4th Circuit will have much sympathy with these arguments, and as long as the Supreme Court says that lethal injection is not cruel or unusual, these executions will continue.

Update

The State Attorney General's office is indicating that they would be open to considering the single-drug, single-injection method indicated above.