• The Justice Department has rescinded its lethal injection protocol due to concerns regarding potential "unnecessary pain and suffering."
• Attorney General Merrick Garland emphasized the need for humane treatment in execution methods following a government review.
• A moratorium on federal executions has been in place since 2021, with only three inmates remaining on federal death row.
• The implications of this decision could lead to reviews of execution protocols in various states across the country.

In a significant move, the Justice Department has officially rescinded its protocol for federal executions that permitted single-drug lethal injections using (AP News) with pentobarbital. This announcement comes as Attorney General Merrick Garland addresses concerns raised in a recent government review about the potential for “unnecessary pain and suffering” associated with this method. The decision occurs just days before President-elect Donald Trump is expected to return to office, possibly reviving federal executions which have been on hold since 2021.

The administration's findings underscore “significant uncertainty” surrounding whether the use of pentobarbital as a one-drug lethal injection can cause undue suffering. In his memo, Garland asserted that “in the face of such uncertainty, the Department should err on the side of treating individuals humanely and avoiding unnecessary pain and suffering.” This directive mandates that the protocol should not be reinstated “unless and until that uncertainty is resolved” ((HuffPost)).

The review, conducted by the department’s Office of Legal Policy, pointed out that the Food and Drug Administration has not "reviewed or approved" pentobarbital for high doses or death-inducing purposes. The protocol was originally adopted by former Attorney General Bill Barr during Trump’s first term, following the cessation of a three-drug mixture that was previously used. Notably, the Trump administration carried out 13 federal executions, more than any other recent presidency, while reports indicated that procedures were often sanitized, describing the lethal injection process euphemistically as “like falling asleep.”

However, disturbing firsthand accounts contradicted these claims, revealing that many inmates exhibited severe reactions such as stomach seizures during executions, suggesting a more painful experience caused by the drug. Legal challenges have emerged, with arguments that pentobarbital can lead to rapid pulmonary edema, a painful condition individuals equate to drowning. As the Constitution prohibits "cruel and unusual" punishment, these challenges may potentially reshape execution methods in states where pentobarbital is prioritized.

States like Tennessee have also adopted similar measures, announcing they would implement single-drug executions, previously halted since 2022. Legal advocates have called for states to evaluate their execution practices, with statements emphasizing that “no jurisdiction, federal or state, should continue using this cruel, unconstitutional execution method.” Kelley Henry, a federal public defender, characterized the DOJ's review as “a damning condemnation” of pentobarbital use in executions. Currently, only three inmates remain on federal death row: Dylann Roof, convicted of hate crimes; Dzhokhar Tsarnaev, the Boston Marathon bomber; and Robert Bowers, responsible for the deadliest antisemitic attack in U.S. history. This critical juncture in federal execution policy highlights ongoing ethical and legal debates surrounding capital punishment in the United States, as the future of such practices remains uncertain.

For further information, you can visit the original articles: AP News and HuffPost.