The U.S. Supreme Court says a drug blamed by some for several botched executions can still be used, laying bare a bitter divide on the High Court over capital punishment.

FOX News Radio's Jared Halpern reports from the U.S. Supreme Court:

The sedative midazolam does not risk violating the Eighth Amendment's protection against cruel and unusual punishment, a 5-4 ruling authored by Justice Samuel Alito concludes Oklahoma death row inmates first, offer an alternative method of execution reducing the risk of pain, and second, insufficient evidence the drug does entail a substantial risk of severe pain.

Justices Stephen Breyer and Ruth Bader Ginsburg each signed on to dissents suggesting the time has come for the Court to debate whether the death penalty in and of itself is unconstitutional.

At the U.S. Supreme Court, Jared Halpern, FOX News Radio.