Stephen Breyer

“ I agree that the relevant factors—the "degree of risk," the "magnitude of pain," and [p. 108] the "availability of alternatives"—are interrelated and each must be considered. Post, at 116. At the same time, I believe that the legal merits of the kind of claim presented must inevitably turn not so much upon the wording of an intermediate standard of review as upon facts and evidence. ”

“ The literature also casts a shadow of uncertainty upon the ready availability of some of the alternatives to lethal execution methods. Petitioners argued to the trial court, for example, that Kentucky should eliminate the use of a paralytic agent, such as pancuronium bromide, which could, by preventing any outcry, mask suffering an inmate might be experiencing because of inadequate administration of the anesthetic. ”

“ The study noted that lethal injection usually consists of sequential administration of a barbiturate (sodium thiopental) , followed by injection of a paralyzing agent (pancuronium bromide) and a heart-attack-inducing drug (potassium chloride) . The study focused on the effectiveness of the first drug in anesthetizing the inmate. See id., at 1412. It noted that the four States used 2 grams of thiopental. Id., at 1413. (Kentucky follows a similar system but currently uses 3 grams of sodium thiopental. See ante, at 44–46 (plurality opinion) .) ”