MONGOMERY, Ala. (AP) — The Latest on the execution of an Alabama inmate scheduled for Thursday (all times local):
The U.S. Supreme Court has lifted the stay on an Alabama execution that had been scheduled for this week.
The court late Tuesday vacated an emergency stay that had been granted Friday to Robert Melson.
The 11th U.S. Circuit Court of Appeals had halted the execution as it decides appeals from Melson and other inmates who claim the sedative midazolam used by Alabama will not render them unconscious before other drugs stop their lungs and heart.
Melson was scheduled to be executed Thursday for killing three Gadsden restaurant employees during a 1994 robbery.
Supreme Court Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor opposed vacating the stay.
An Alabama inmate has asked the U.S. Supreme Court to keep his execution on hold as he and other inmates challenge the state’s lethal-injection procedures.
In a Tuesday court filing, a lawyer for Robert Melson argued that the 11th U.S. Circuit Court of Appeals was correct to halt the execution while it hears the inmates’ appeals.
Melson and several other inmates are appealing the dismissal of lawsuits challenging the state’s planned use of midazolam. They argue the sedative will not render them unconscious.
Melson was scheduled to be executed Thursday for the killing of three Gadsden restaurant employees during a 1994 robbery.
The Alabama attorney general’s office is asking the high court to let the execution proceed. They argued midazolam’s use has been upheld by the high court.
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