On February 2, the national law firm of Sidley Austin LLP filed a suit against the Food and Drug Administration (FDA) in federal court on behalf of six death row inmates from Arizona, California, and Tennessee. The suit seeks to compel the FDA to bar the importation or use of unapproved sodium thiopental, a drug used by most states in lethal injections, but no longer available in the U.S.
The plaintiff's brief states that, following a nationwide shortage of sodium thiopental in 2010, the FDA illegally allowed prison officials to obtain the lethal injection drug from sources outside of the U.S., while refusing to investigate the safety and purity of the imported drugs.
The inmates are represented by Bradford A. Berenson, a former associate counsel to President...