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The Justice Department says in a new legal opinion that the Food and Drug Administration does not have authority over drugs used in lethal injections, a stance sure to be challenged by death-penalty opponents. The department’s Office of Legal Counsel said that “articles intended for use in capital punishment by a state or the federal government cannot be regulated as ‘drugs’ or ‘devices.’ ” The legal opinion, issued this month, comes as states have struggled in recent years to obtain drugs for lethal injections, which remain the country’s primary method of execution even as the number of executions has declined. (McGinley and Berman, 5/14)

The immediate effect of the Trump administration decision is unclear because of a court injunction issued in 2012 barring the FDA from allowing the importation of a key execution drug, sodium thiopental. Shortages of that drug have led many states to scale back or halt executions in recent years. In a statement, an FDA spokesperson said the agency would “follow the conclusion of the opinion to the extent permissible” by the 7-year-old order, which remains in effect. (Gerstein, 5/14)