The Arkansas attorney general's office
this evening filed a 27-page brief with the 8th U.S. Circuit Court of Appeals
asking it to lift federal Judge Kristine Baker's temporary injunction
against all scheduled executions
The argument opens by claiming the defendants are doing nothing but relitigating old claims. It also said the judge ignored "basic facts," those being that her order prevents the state from carrying out death sentences.
Otherwise, the brief restates claims generally made and rejected in a motion to dismiss rejected by Judge Baker, including that the action was barred and that the inmates had failed to present adequate proof that use of the midazolam sedative created the potential for unconstitutional pain and suffering. It disputed that the state could get other drugs or that reasonable alternative execution methods existed. The inmates had suggested a firing squad, but the state said evidence in support of this was sketchy.
The state faulted the judge for not considering that her order would mean the state's existing supply of midazolam would expire before it could be used.
Here is the state's brief.