[T]he lawyers searched the internet for ideas. They called some of their colleagues in other states for their views. In the end, [they] decided to use the anti-anxiety drug midazolam, which had never before been used in an Oklahoma execution. The total sum of time the state took to adopt a new form of execution was just four days.

If Oklahoma officials had engaged in proper deliberation and study--and if they had consulted with medical experts--they would have quickly ruled out the use of midazolam as the first crucial drug in the state's three-drug formula. Doctors may prescribe midazalom to ease the anxiety of pre-operative patients. However, the medical and scientific consensus is that it is not a drug that should ever be used as anesthesia during an operation. Midazolam has no pain-relieving qualities. It also has a ceiling effect, above which additional dosing has no additional effect. Thus, no amount of midazolam will produce anesthesia or coma.

As former elected state officials, we understand the political pressure to avoid delays in carrying out punishments. But such pressures can never trump our primary responsibility to ensure that such punishments are lawful. Any state using midazolam to execute prisoners fails this important balancing test, including Oklahoma.