The Supreme Court is expected to reach a decision on whether the lethal injection process used in carrying out the executions is not only cruel, but unconstitutional.  Two death row inmates have challenged the method, but whether the justices will agree with that still remains to be seen.

According to lawyer Donald B. Verrilli Jr, the federal government uses a protocol that possibly hurts the inmates: “The risk here is real. That is why in the state of Kentucky it’s unlawful to euthanize animals in the way that it carries out its executions.”

The current method of execution has remained the same for the last 30 years and is based on a three-drug compound: sodium thiopental, to induce unconsciousness, pancuronium bromide to paralyze the inmate and potassium chloride, meant to cause his hard to stop.

Verrilli tried to use the arguments of inmates all over the country and scientist who have claimed that if things don’t go as smoothly as planned and the first drug doesn’t take effect, the second one will induce terrifying paralysis while still conscious, while the third drug will induce an excruciating pain.

Justices however seemed reluctant to his arguments: “This is an execution, not a surgery […] We have approved electrocution. We have approved death by firing squad. I expect both of those have more possibilities of painful death than the protocol here,” said Justice Antonin Scalia.

The inmates’ lawyer’s arguments that “when this goes wrong … the pain that is inflicted is tortuous, excruciating” didn’t seem to move the justices, as they disagreed that the use of one single barbiturate would be a better method (according to a study in Netherlands, this method does not always proves efficient, argued Justice Stephen G. Breyer).

The Constitution mentions nothing on how the method of execution should be the least painful, said Justice Scalia. For the last 30 years, the method had been used as an alternative to other methods, such as the gas chamber or electrocutions, particularly because it was considered to be more humane. A final decision is still to be expected.