In a move designed to prevent Texas from carrying out capital punishment, the Food and Drug Administration recently attempted to block Texas from obtaining the drugs necessary for lethal injection. Now Texas has sued the feds, according to The Washington Post.
The standoff began in October 2015, when the FDA seized overseas shipments of sodium thiopental, although Texas had acquired import licenses from the U.S. Drug Enforcement Administration, according to the Austin American-Statesman.
The FDA stated that the drug was not approved for humans — except that law enforcement use is the exception to the rule, and the bottles were clearly labeled “for law enforcement use only.”
In April 2016, the feds essentially banned Texas from importing the drug, according to the Houston Press.
“There are only two reasons why the FDA would take 17 months to make a final decision on Texas’ importation of thiopental sodium: gross incompetence or willful obstruction,” said Texas Attorney General Ken Paxton. “My office will not allow the FDA to sit on its hands and thereby impair Texas’ responsibility to carry out its law enforcement duties.”
States have traditionally used a 3-drug “cocktail” for lethal injection, with each having a particular and necessary function: a sedative, a muscle paralytic and a heart-stopper.
Absent availability of sodium thiopental, Texas has been using pentobarbitol. However, that drug is becoming scarce as U.S. manufacturers bow to anti-capital punishment pressure, so Texas has been planning ahead.
There’s a long game at work here. First, liberals put so much pressure on drug companies and the FDA that states exercising their rights to executions can’t get the drugs they need. Second, the states resort to second-choice methods that are more difficult to administer, take longer or may cause discomfort.
Finally, the liberals scream about “cruel and unusual punishment.” Because heaven forbid a murderer should feel any pain.
Texas is serious about executing murderers. After reinstating the death penalty during the early ’80s, the state has carried out over 500 executions, the largest number in the U.S., according to KXAN News.
That eye-for-an-eye stuff is big in the Lone Star State, and the federal government’s overreach is clearly a violation of states’ rights as protected in the 10th Amendment to the U.S. Constitution.
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