– Obtain the re-authorization of the purchase of foreign drugs, if necessary citing the William Barr-ordered memo on the FDA lack of jurisdiction over that, or by appealing to the U.S. Supreme Court, or both.
https://ilr.law.uiowa.edu/print/volu...new-article-9/
– Convince a majority of the court to adopt Justice Clarence Thomas position in
Baze v. Rees (in short, that lethal injection is always constitutional, and any claim to the contrary not even a ground for stay).
Bucklew v. Precythe was a first step toward that.
– Exempt execution procedures from Administrative acts (a remedy not specific to lethal injection).
– Statutes providing confidentiality of the provenance of the drugs (as for the identity of executioners).
– Remove specification in statutes of the drugs to be used (most states already don’t have such requirement).
– Buy the drugs to other states.
– Allow older methods such as electrocution only when injection is unavailable.
Even before Hospira ceased to manufacture sodium thiopental in 2011, some states allowed the use of one or more other methods of execution if lethal injection is unavailable (though several states allow it only if injection were found unconstitutional and not when it is practically unfeasible, which is a defect). One can also regard the ancient, non-sanitized methods such as electrocution as more consistent with the purposes of the death penalty.
Once one state will begin, the others will have a persuasive precedent in their favor. For literally every possible method death penalty opponents will wrongly claim that it is a hidden torture, so states should not choose their method on such basis, but simply debunk the slander. Certainly, the first non-voluntary electrocution in more than 20 years will at first attract inordinate media attention; but as for Moon landings at the fourth the general public will have already lost any interest.
Reviving older methods is also a way to preserve lethal injection, since obstruction to it would no longer necessarily results in delaying executions. While it was first used in 1982, litigation against it became successful only in 2006 and drug shortages began only in 2011. Because previously, some states still used electrocution as their primary or sole method.
Also, when a state choose to allow more than one method, the choice should belong to the state Executive and not to the convict. The death penalty is not a self-service.
With respect to shooting, or more precisely firing squad, it would be too much an honor, so it should be used only when no other option is available.
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