the best and most feasible alternative procedure to eliminate this risk is to move to a protocol that uses only a single, massive dose of thiopental, pentobarbital, or some other barbiturate to cause death.

While the issue was raised in Baze, the Supreme Court refused to consider it because it hadn't been raised or considered by the lower courts in Kentucky.

As to the three drugs,

Under the three-drug method, the first drug is designed to anesthetize the inmate, the second to paralyze him, and the final drug to stop the heart and bring on death. That is the general approach used by all but one of the states that still have the death penalty.

Emmett also argues that in Virginia, a review of the 70 cases of execution by the three drug cocktail shows many instances of incompetence:

The brief argued that the evidence shows that members of the state’s execution team “have performed incompetently,” including a lack of understanding of how the drugs work, mistakes in inserting IV needles to deliver the drugs, team members’ inability to properly observe the inmate during the process, a lack of more dosage of thiopental if IV failure occurs, and a ban on all spoken communications among the team members as the process goes forward.

The first inmate scheduled for execution following Baze v. Rees is Earl Lynd in Georgia. His execution date is next Tuesday.

Arguments in the Emmett case will be heard Wednesday, May 14.