Page:Glossip v. Gross.pdf/109

 Cite as: 576 U. S. ____ (2015)

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SOTOMAYOR, J., dissenting

effect is apparent in the brain. See id., at 250. These scientific sources also appear to demonstrate that Dr. Evans’ spinal-cord theory—i.e., that midazolam’s ceiling effect is limited to the spinal cord—was premised on a basic misunderstanding of midazolam’s mechanism of action. I say “appear” not because the sources themselves are unclear about how midazolam operates: They plainly state that midazolam functions by promoting GABA’s inhibitory effects on the central nervous system. See, e.g., Stoelting & Hillier 140. Instead, I use “appear” because discerning the rationale underlying Dr. Evans’ testimony is difficult. His spinal-cord theory might, however, be explained at least in part by his apparent belief that rather than promoting GABA’s inhibitory effects, midazolam produces sedation by “compet[ing]” with GABA and thus “inhibit[ing]” GABA’s effect. App. 312–313.2 Regardless, I need not delve too deeply into Dr. Evans’ alternative scientific reality. It suffices to say that to the extent that Dr. Evans’ testimony was based on his understanding of the source of midazolam’s pharmacological properties, that understanding was wrong. —————— 2 The Court disputes this characterization of Dr. Evans’ testimony, insisting that Dr. Evans accurately described midazolam’s properties in the written report he submitted prior to the hearing below, and sug­ gesting that petitioners’ experts would have “dispute[d] the accuracy” of this explanation were it in fact wrong. Ante, at 25. But Dr. Evans’ written report simply said midazolam “produces different levels of central nervous system (CNS) depression through binding to [GABA] receptors.” App. 293. That much is true. Only after Drs. Sasich and Lubarsky testified did Dr. Evans further claim that midazolam pro­ duced CNS depression by binding to GABA receptors and thereby preventing GABA itself from binding to those receptors—which is where he went wrong. The Court’s further observation that Dr. Lubarsky also used a variant on the word “inhibiting” in his testimony—in saying that GABA’s “ ‘inhibition of brain activity is accentuated by midazolam,’ ” ante, at 25 (quoting App. 232)—is completely nonresponsive. “Inhibit­ ing” is a perfectly good word; the problem here is the manner in which Dr. Evans used it in a sentence.