Analysis

Texas Suit Over Death Penalty Drug Faces Steep Odds

Law360, New York (May 10, 2017, 6:39 PM EDT) -- Texas will likely be fighting an uphill battle against the U.S. Food and Drug Administration in its suit over the agency’s import ban of a drug used to carry out lethal injection executions, in a case that highlights the issues of buying such drugs from overseas sources.

After the FDA blocked the admission of 1,000 vials of sodium thiopental from a foreign distributor, the state sued the agency at the end of April, claiming that it was overstepping its statutory authority. The drugs had first arrived at...
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