By Adam Studzinski

BLOOMINGTON – In a split 5-4 decision Monday, the U.S. Supreme Court ruled the use of a controversial drug will still be allowed for lethal injection.

Illinois State University Supreme Court scholar Meghan Leonard said states had been using the drug after finding limited access to the old drug.

“They tried to substitute a different type of anesthetic and there were some botched executions that happened and got a lot of attention,” she said.

An inmate on death row in Oklahoma had argued the new drug made the process cruel and unusual punishment.

“The Supreme Court didn’t accept that argument and said as the death penalty stands, even with this new drug protocol, it is not cruel and unusual,” said Leonard. “There’s no other alternative. The petitioners hadn’t presented an alternative.”

Leonard said many states have been eliminating the death penalty.

“Even Nebraska very recently eliminated the death penalty,” said Leonard. “The death penalty is carried out in very few states. There are a lot of states that still have the death penalty on the books that don’t actually execute people.”

In a dissent, two justices said for the first time they think it’s “highly likely” that the death penalty itself is unconstitutional.

Adam Studzinski can be reached at [email protected].