Justice Department Says FDA Can't Regulate Lethal Injection Drugs

A new legal opinion from the U.S. Justice Department says the Food and Drug Administration lacks the authority to regulate drugs or other items when used in connection with the death penalty, Politico reports. The opinion could lead to more executions in the U.S. by easing the availability of drugs used to carry out lethal injections. It argues that drugs and other items intended for use in executions are not covered by the Food, Drug and Cosmetic Act, passed in 1938 and repeatedly updated by Congress. The legal memo also says that conclusion is reinforced by so-called federalism problems that could arise from federal officials trying to enforce such regulations in a way that would frustrate state efforts to carry out executions.
          | TBA Law Blog