The parties in a lawsuit challenging Arizona’s death penalty protocol are due in federal court Wednesday afternoon for a hearing.
One of the issues expected to be discussed is whether litigation should continue if the state can’t get execution drugs.
Attorneys for the defense have suggested the case is moot because the state has removed the controversial drug midazolam from a lethal injection protocol, it doesn’t have drugs for executions and it can’t get more, court documents show.
Midazolam was used in the so-called botched execution of Joseph Wood in 2014, which was the last time someone was put to death in Arizona.
But the plaintiffs have argued the case should continue because the state can still change its execution protocol at any time and that violates the 14th Amendment.
The defense said it has only changed the procedure in the past because of safety, security or medical issues.
