Tennessee has decided to continue using pentobarbital, a drug previously abandoned by the Department of Justice (DOJ) due to concerns over potential “unnecessary suffering” during executions. This decision comes despite the DOJ’s recent recommendation to stop using the drug, raising questions about its safety and impact on the inmates being executed.
In a memo issued on Wednesday, the U.S. Attorney General directed the Federal Bureau of Prisons to stop using pentobarbital, emphasizing that it is unclear whether the drug causes “unnecessary pain and suffering.” The memo further stated that the current execution protocol should be rescinded unless it can be proven that the drug does not violate constitutional rights or treat individuals unfairly or inhumanely.
Pentobarbital, which is commonly used in euthanizing pets, has been associated with serious medical concerns when used in human executions. Some experts argue that it can cause flash pulmonary edema, a condition that may feel similar to waterboarding or drowning. Despite these concerns, the Tennessee Department of Correction (TDOC) has chosen to include pentobarbital in its updated execution protocol, finalized in December 2024.
Tennessee Governor Bill Lee temporarily halted all executions in the state in April 2022 after a report and several lawsuits revealed that the state had not been following its guidelines during executions. These issues included failing to test the lethal injection drugs properly. Following these revelations, Governor Lee ordered the TDOC to create a new execution protocol, which took over two years to complete.
In January 2024, Governor Lee told reporters that it was important for the protocol to be developed with care and precision, stating, “I’ve told the department to take all the time you need to develop this thing exactly as it should be because it matters very much to Tennesseans.”
Despite the concerns raised by medical professionals and the DOJ, the TDOC has confirmed that it will continue to use pentobarbital as part of its execution process. A TDOC spokesperson assured News 2 that the department plans to follow its new protocol as outlined.
However, the decision to proceed with pentobarbital has drawn criticism from several groups, including Tennesseans for Alternatives to the Death Penalty (TADP).
Stacy Rector, the organization’s executive director, expressed concern over the lack of transparency surrounding the new execution protocol. Initially, the state failed to release the updated protocol, and when it was eventually made available, it was heavily redacted. Rector criticized this lack of openness, calling it “even more secretive and less transparent than where we were before.”
“I think all citizens, regardless of your opinion on the death penalty, should have deep concern about government shielding itself from accountability this way,” Rector told News 2. “I’m grateful that the DOJ, after their thorough review of this, came to that conclusion because it’s the conclusion that many people who have been looking at this for a long, long time have come to.”
Rector also pointed out the potential harm not just to the inmates but to the correctional staff involved in carrying out executions. She argued that using drugs like pentobarbital, which have raised concerns about their effects, can create “horrific realities” in the execution chamber.
“What that does is put these individuals in a situation where they may have to deal with some horrific realities in that execution chamber that we should not be asking state employees to have to deal with,” she said.
The issue of lethal injection protocols and the use of pentobarbital is not unique to Tennessee. According to the Death Penalty Information Center, 20 out of the 27 states that still allow the death penalty have statutes permitting single-drug lethal injections, including Tennessee.
As of now, it remains unclear whether the state will reconsider its stance in light of the DOJ’s recent findings. The controversy surrounding pentobarbital and the execution process in Tennessee highlights the ongoing debate over the death penalty in the United States, with many questioning both its effectiveness and morality.
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