As we reported in August, Jeffrey Lynn Borden was set to be executed this month for killing his wife and her father in 1993. However, earlier last month, the 11th Circuit stayed Borden’s execution after he challenged the humaneness of Alabama’s three-drug lethal injection combination. Now the Alabama Attorney General’s office is asking the U.S. Supreme Court to overturn the injunction blocking Borden’s execution.

Now the Alabama Attorney General’s office is asking the U.S. Supreme Court to overturn the injunction blocking Borden’s execution.

In a filing with the court, state attorneys wrote, “Alabama has already carried out four execution using this protocol. Any questions concerning three-drug midazolam protocols have effectively been answered.”

The statement came in opposition to the 11th Circuit courts ruling which stated: “We recently held that there is a genuine issue of material fact regarding whether Alabama’s current method of execution violated the Eighth Amendment’s prohibition on cruel and unusual punishment and remanded for further proceedings.”

Borden’s execution was stayed until Oct. 16, but in his petition to the Supreme Court, Attorney General Steve Marshall pointed out that:

“None of Borden’s co-plaintiffs have received stays of executions, and Borden presents nothing different. He filed the same complaint, alleging the same claims, and relied on the same expert witnesses, who admitted in their depositions in this case that a sufficiently large dose of midazolam will place a person in a coma such that he would not respond to noxious stimuli.”

We will update the story as the Supreme Court addresses the legality of the 11th Circuits decision.