Court appears divided in lethal injection case

? The Supreme Court appeared divided Monday over whether the drugs commonly injected to execute prisoners risk causing excruciating pain in violation of the Constitution.

Several justices indicated a willingness to preserve the three-drug cocktail that is authorized by three dozen states that allow executions. Such a decision would allow lethal injections, on hold since late September, to resume quickly.

Justice Antonin Scalia said states have been careful to adopt procedures that do not seek to inflict pain and should not be barred from carrying out executions even if prison officials sometimes make mistakes in administering drugs. “There is no painless requirement” in the Constitution, Scalia said. Chief Justice John Roberts and Justice Samuel Alito also indicated their support for the states’ procedures.

Other members of the court, who have raised questions about lethal injection in the past, said they are bothered by the procedures used in Kentucky and elsewhere in which three drugs are administered in succession to knock out, paralyze and kill prisoners.