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What I don’t understand is why it is so hard for these states to obtain the necessary drugs. They all operate health systems of some kind and I doubt there is any way a pharmaceutical wholesaler can tell the difference between their products being obtained for executions as opposed to other purposes.
My understanding is that the big drug makers have extremely strict contracts with distributors that prohibit any down-the-line use in capital punishment in any circumstances and have extremely damaging financial penalties for anyone in the distribution chain who, knowingly or unknowingly, is involved in facilitating their use for this purpose.
In addition most of the major manufacturers are European or based in other countries that ban the export of any drugs used in capital punishment. Lastly, while India and China might be import options, the courts banned them as unapproved after a few states tried to use Indian drugs in lethal injections in the early 2010s.
Lastly, if a - say - ‘based’ right wing manufacturer were to set up shop in the US and was FDA approved, they would be liable for legal action by any Christa Pike types which, in America’s litigation culture and given that many lawyers and well funded interests are strongly opposed to the death penalty, means that a single botched execution would probably bankrupt such a venture, and in lethal injections failures are not uncommon.
The best part of being the government is you can do whatever the hell you want. The vax producers got blanket immunity from civil suits, I'm sure if the state really wanted to they could work something similar. And you COULD make it a requirement of having the pleasure of being a govt supplier that you can't refuse that use case.
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It's dumb that drugs have to be FDA approved for executions, but it's easiest to sidestep the matter. Even if Mexican rope-makers, German gun and ammunition manufacturers, and Japanese steelmakers refused to allow their products to be used in executions, there's enough American capacity for the few executions we do. Just hang, behead, or shoot; it works.
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