WASHINGTON, DC (CNN) – The U.S. Supreme Court on Monday upheld the use of a controversial drug for lethal injection in executions, but opened a larger question about capital punishment when two justices in the minority newly questioned whether the death penalty violates the Constitution.

The ruling in the execution drugs case was 5-4 with Justice Samuel Alito writing for the majority, along with Chief Justice John Roberts, Justices Antonin Scalia, Anthony Kennedy and Clarence Thomas.

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Meanwhile, Arkansas Attorney General Leslie Rutledge today released a statement in response to the U.S. Supreme Court’s decision:
“The U.S. Supreme Court today has once again ruled that capital punishment by lethal injection is constitutional. Today’s decision is an important step toward ensuring that executions can be carried out and that justice is served. The Attorney General’s Office continues to handle ongoing litigation concerning Arkansas’s lethal injection statute, and I am confident the State will prevail in the end, allowing executions to resume.”