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"Sophisticated market participants do not really need or want federal regulators micromanaging execution protocols," Mr. Macdonald told the banking committee.
For six months Ohio had an unofficial moratorium because the state failed to follow its execution protocols.
State officials refused to discuss any aspect of the new execution protocols other than bare construction issues, on grounds that the matter was "being litigated".
In Missouri and some other states, the departments of correction have unilaterally changed their execution protocols to hide the identity of drug suppliers.
One possible result of the upcoming Supreme Court case is that execution protocols could switch from the standard three-drug cocktail to the single-drug format for animals recommended by the American Veterinary Medical Association.
The US supreme court has approved the use of the controversial sedative midazolam in Oklahoma's execution protocols, paving the way for the state to resume executions for the first time since January.
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Arkansas's execution protocol calls for a three-drug process.
Texas does not require officials to announce changes to its execution protocol.
"We, and the public, cannot meaningfully evaluate execution protocol cloaked in secrecy.
She also ruled against the argument that the execution protocol should have to involve public notice and a public hearing.
The state's execution protocol requires that attempts be made to revive an inmate if the execution process is called off.
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