After a federal judge upheld the constitutionality of Oklahoma's new lethal injection protocol, a group of inmates slated to be executed next year are planning to appeal the decision, according to the Associated Press. U.S. District Judge Stephen Friot ruled that the 500-milligram dose of the sedative midazolam makes it a "'virtual certainty'" that inmates will be unconscious before drugs are administered to stop their hearts and their respiratory systems.
But the inmates argue the drug poses a substantial risk of unconstitutional pain and suffering. When the state used a 100-milligram dose of midazolam, inmate Clayton Lockett "writhed on the gurney, mumbled and lifted his head during his 43-minute execution," the AP further reports.