In Ely, about 250 north of Las Vegas, Nevada is scheduled to hold its first execution in 12 years.

Nothing controversial about that, because in 2002 Scott Dozier murdered Jeremiah Miller after he traveled to Las Vegas where Dozier had promised to help him make methamphetamine. Dozier dumped him in a trash bin, three years later killed at least one other person, and has been on "death row" since 2007.  And nothing controversial about Dozier wanting to die rather than spend the rest of his life in prison.

The controversy is that drug maker Alvogendoesn't want its sedative midazolam used in the execution. They say it will cause the company harm by association and they they did not legally sell it to Nevada officials.  Those officials Nevada recently revised their lethal injection protocol and switched it to midazolam from diazepam. Midazolam is being used to render the inmate unconscious before he is administered fentanyl and the paralytic agent cisatracurium.

The execution will take place 8 p.m. unless a state judge sides with the Alvogen objection and stops the Nevada Department of Corrections from using its sedative. Alvogen specifically stated in its lawsuit filed yesterday that Nevada acquired the drug unlawfully and that use of its product for an execution would cause "irreparable injury to Alvogen, its reputation, and its goodwill."