“It’s the law”, said State Rep. Doug House, R-North Little Rock, who sponsored the 2015 legislation setting the three-drug protocol to be used in lethal injections.
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The court also said the U.S. Supreme Court has established that states have a legitimate interest in preserving the integrity of the judiciary and that there is a rational basis for encouraging retirement at an advanced age. State Attorney General Leslie Rutledge said the state was reviewing the ruling and would comment later Thursday.
In a 5-2 decision, the court affirmed a ruling by Pulaski County Circuit Judge Chris Piazza dismissing a lawsuit filed by four circuit judges, Michael Landers, David Guthrie, Kenneth Johnson and J.W. Looney, challenging the laws. The execution dates for eight death row inmates were put on hold pending their challenge to the law. It is questionable when Arkansas will be able to resume its executions in time, especially as the supplier of the drug has refused to sell any more to the state.
They also contended that some of the chemicals in the lethal mixture could lead to suffering that would violate constitutional protections against cruel and unusual punishment.
An attorney for the state argued that the laws are not an age cap and that the judges lacked standing to challenge the laws because none of them had yet been affected by it. In its majority opinion Thursday, the Supreme Court agreed with the state that the laws do not constitute an age cap.
There are 34 inmates now on death row in Arkansas.
June 14, 2014 – A partial settlement agreement is signed between the inmates and the Arkansas Department of Correction, in which Arkansas agrees to provide information about the maker, supplier and other details about its execution drugs to the inmates. “This presents states an opportunity to take a serious look at their execution practices and seriously consider their policy as a whole”. In April, a proposal by Virginia Gov. Terry McAuliffe (D), which sought to allow the suppliers of drugs to be kept secret, was strongly opposed by a group of the state’s religious leaders. “We’ll ask that execution dates be set for those inmates”.
September 18, 2015 – The Associated Press identifies the likely manufacturers of the state’s lethal injection drugs, including midazolam from London-based Hikma Pharmaceuticals, which had previously ended its sales contract with the state because of a previous attempt to use one of its subsidiaries’ drugs in executions. That would involve showing that a known and available alternative to that plan existed, but the inmates did not do so, the court said.
More than 20 states, including Arkansas, that use a combination of drugs for lethal injections are facing a scarcity of drugs.
December 4, 2015 – The Arkansas Supreme Court issues a temporary stay of Griffen’s order and sets deadlines for written court briefs.
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The Arkansas court in its decision allowed for use of the drug.
