Lawyers representing a group of death row inmates in South Carolina are expected to argue before the state's Supreme Court that the use of the electric chair and firing squad as execution methods constitutes cruel and unusual punishment. The attorneys for the four inmates will also contend that a 2023 law, which was intended to resume lethal injections, fails to provide adequate transparency regarding the new drug and protocol used in executions. The outcome of these arguments could have significant implications for the 33 inmates currently on death row in South Carolina.

South Carolina has not carried out an execution in nearly 13 years due to a shortage of lethal injection drugs. The expiration of the state's previous drug supply, coupled with companies' refusal to sell more drugs unless their identities were protected, led to a de facto moratorium on executions. In response to the shortage, other states have incorporated alternative execution methods into their protocols. Alabama recently executed a prisoner using nitrogen hypoxia, a method authorized after a series of botched lethal injections. While South Carolina has not proposed legislation to introduce nitrogen gas as an execution method, it currently allows for electrocution, lethal injection, and firing squad.

Grayson Lambert, a lawyer for Governor Henry McMaster's office, argues that the death penalty does not necessitate instantaneous or painless execution. However, the inmates' lawyers maintain that both the electric chair and firing squad would cause significant pain. Circuit Judge Jocelyn Newman ruled in favor of the inmates during a 2022 trial, stating that the experts' testimonies indicated that prisoners would experience excruciating pain from either method.

The shield law enacted in South Carolina in 2022 is another point of contention. Inmates' attorneys argue that the law is excessively secretive, allowing prison officials to conceal the identities of drug suppliers, execution participants, and the precise execution procedure. They assert that this lack of transparency is unprecedented in the country. On the other hand, the state's lawyers claim that the inmates are seeking this information to pressure the suppliers into halting their involvement in executions.

South Carolina's death chamber has remained unused since May 2011, but if the Supreme Court allows executions to resume and all appeals are exhausted, it could become quite active. Four inmates are currently suing, while four others have exhausted their appeals. However, two of these inmates are awaiting a competency hearing before they can be executed. Justice 360, an organization advocating for inmates' rights and transparency in the criminal justice system, is closely monitoring the situation.

South Carolina's previous execution law designated the electric chair as the default method if lethal injection drugs were unavailable. In 2021, lawmakers added the firing squad as an alternative option. The state's first scheduled execution by firing squad was set for April 2022 but was temporarily halted by the Supreme Court. Mississippi, Oklahoma, and Utah also permit executions by firing squad.

Regarding the lethal injection protocol, South Carolina prison officials recently announced that they now possess the sedative pentobarbital and have transitioned to a single-drug protocol. However, they have divulged minimal details, stating that their method aligns with the federal government's protocol and that of six other states. The inmates argue that pentobarbital, when compounded and mixed, has a shelf life of approximately 45 days. They seek information about the drug's regular supplier and guidelines to ensure its potency. Insufficient potency could lead to prolonged suffering, while excessive potency could cause intense pain during injection.

South Carolina's death row population has decreased from over 60 inmates to 33 since the last execution in 2011. Rising costs, a shortage of lethal injection drugs, and stronger defense strategies have prompted prosecutors to accept guilty pleas and life sentences without parole instead of pursuing the death penalty. However, if the Supreme Court allows executions to resume, the number of inmates facing execution could increase significantly.