LITTLE ROCK -- The U.S. Supreme Court on Tuesday rejected an attempt by Arkansas inmates to stop their executions over claims that their deaths would be "intolerably painful."
The nine inmates asked the justices to review an Arkansas Supreme Court decision upholding a law that keeps secret the source of the lethal injection drugs. The nation's highest court handed down decisions in a number of death row cases Tuesday.
Arkansas will not be able to immediately resume executions. One of three lethal injection drugs expired last month and has not been replaced, and the attorney general still must certify to Gov. Asa Hutchinson that all legal road blocks have been cleared and that executions may proceed.
"I will immediately provide the (U.S. Supreme) Court's order to the Arkansas Supreme Court, and once the clerk issues the mandate, the current injunction on executions will automatically be lifted," Arkansas Attorney General Leslie Rutledge said. "Thereafter, I will inform Governor Hutchinson that executions may resume and request that dates be set for those who have exhausted all appeals."
Arkansas has not executed an inmate since 2005 because of legal challenges and the difficulty of obtaining execution drugs. One of Arkansas' execution drugs, potassium chloride, expired Jan. 1 and has not been replaced.
"Today's ruling by the U.S. Supreme Court sets the stage for execution in the specified cases to proceed," Hutchinson said. "I will proceed in accordance with law and in a timely manner. Since (the) 'use by' date on one of the drugs has expired it will be necessary for the Department of Correction to make the acquisition."
Under a three-step procedure listed in state guidelines, executioners would first use midazolam to calm and sedate the inmate, then use vecuronium bromide to paralyze the inmate and stop the inmate's breathing, then administer potassium chloride to stop the heart.
Attorney Jeff Rosenzweig says the inmates are disappointed by the decision and that their lawyers are studying their options.
State Desk on 02/22/2017