You've probably already heard about The Supreme Court's decision to consider lethal injection in Baze v. Rees. They are being asked to advise states how to determine whether particular chemical combinations cause too much pain and suffering to be allowed under the 8th Amendment's prohibition on cruel and unusual punishment.
If not, check out SCOTUSblog's writeup for an in depth description.
Also see, in particular, the petition, brief in opposition and reply.
The questions presented in the petition are as follows:
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I. Does the Eighth Amendment to the United States Constitution prohibit means for carrying out a method of execution that create an unnecessary risk of pain and suffering as opposed to only a substantial risk of the wanton infliction of pain?
II. Do the means for carrying out an execution cause an unnecessary risk of pain and suffering in violation of the Eighth Amendment upon a showing that readily available alternatives that pose less risk of pain and suffering could be used?
III. Does the continued use of sodium thiopental, pancuronium bromide, and potassium chloride, individually or together, violate the cruel and unusual punishment clause of the Eighth Amendment because lethal injections can be carried out by using other chemicals that pose less risk of pain and suffering?
IV. When it is known that the effects of the chemicals could be reversed if the proper actions are taken, does substantive due process require a state to be prepared to maintain life in case a stay of execution is granted after the lethal injection chemicals are injected?
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As many predicted - SCOTUS's decision to hear this case has caused some states to take a hard look at their lethal injection policies and now SCOTUS has issued another stay in pending execution by lethal injection. See NYTimes article: Rare Supreme Court Stay Halts a Texas Execution
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