Monday was supposed to be the first day in a string of executions in Arkansas, as the state’s supply of the sedative midazolam, which is used in the lethal injection, expires at the end of the month. That is why Arkansas Gov. Asa Hutchinson ordered eight executions to take place over 11 days, before the current stash of midazolam expires. But a succession of lawsuits has stopped the executions from happening.

This is the latest development in a messy legal fight as Arkansas is pushing to execute eight prisoners in almost as many days. Last month, the eight prisoners filed a lawsuit in which they called the state’s rush to kill them “reckless and unconstitutional.” They also cited the use of midazolam as a problem, as many other states have stopped using the drug after a couple of botched executions that led to slow and painful deaths.

At the end of last week, pharmaceutical companies Fresenius Kabi USA and West-Ward Pharmaceuticals Corp. filed a friend of the court brief in the prisoners’ lawsuit. Fresenius Kabi said it believes that the state of Arkansas acquired potassium chloride, the second ingredient in the three-drug lethal injection, from the company, and that it did so under false pretenses.

Arkansas fights in multiple courts to carry out two of eight planned executions Monday. https://t.co/ueFxXfktba

— AP Central U.S. (@APCentralRegion) April 17, 2017

On Friday, Arkansas Judge Wendell Griffen halted the use of the third of the three execution drugs, vecuronium bromide. The manufacturer of this drug, McKesson Corporation, also claimed that the state bought it under false pretenses, by using the medical license of an Arkansas physician. Although Griffen’s ruling was not based on the executions legality, it made the carrying out of the executions impossible. And then over the weekend, federal Judge Kristine Baker halted all of the executions, citing the prisoners’ lawsuit.

“The threat of irreparable harm to the plaintiffs is significant: If midazolam does not adequately anesthetize plaintiffs, or if their executions are ‘botched,’ they will suffer severe pain before they die,” she wrote. But on Monday, the 8th U.S. Circuit Court of Appeals overturned her ruling, saying the evidence that the executions would “cause severe pain and needless suffering” was insufficient.

To complicate matters, Judge Griffen was barred on Monday from hearing any death penalty cases in the state as it was revealed that he attended an anti-death penalty rally right after issuing the halt of the lethal injection on Friday. Griffen not only attended the demonstration, he also lay down on a cot and bound himself with a rope, making it look like he was a death row inmate on a gurney, awaiting execution. The protest took place outside Gov. Hutchinson’s house. Death penalty advocates were outraged and many Republican lawmakers called it judicial misconduct.

Judge rules against #Arkansas #executions. Judge attends anti-#deathpenalty rally. Judge barred from such cases. https://t.co/SodtMofgaj pic.twitter.com/hDLKFp553A

— AP Central U.S. (@APCentralRegion) April 17, 2017

The hurried pace of carrying out eight executions over 11 days is unprecedented in modern times, and Arkansas hasn’t performed an execution since 2005. But Hutchinson has been eager to get going, citing justice for the families of the victims the inmates have killed. And after all the legal back and forth, it looked like the state could go on with the plans. But then in a last minute development, the Arkansas Supreme Court granted a delay in the execution of one of the prisoners, Don Davis, after his attorney sought a stay on Monday. The court also stayed the execution of Bruce Ward.

Arkansas Attorney General Leslie Rutledge asked the U.S. Supreme Court late Monday evening to overrule that decision. The court declined to hear the case. However, late Monday the Arkansas Supreme Court also overruled the restraining order by Griffen on the use of vecuronium bromide, which means the lethal injections are free to use again. But the state is also facing a different problem: it can’t seem to find enough witnesses for the executions. The law requires at least six civilian witnesses at each execution.

So for now, all the prisoners are still alive. But since Baker’s stay of the executions was overruled, there is nothing that stops the state from going through with the executions, as long as there are enough witnesses. On Thursday, two inmates, Ledell Lee and Stacey Johnson, are scheduled for execution.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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President Obama has officially asked Congress to authorize military force to defeat the Islamic State (ISIS). The request was sent in the form of a three-page legislation draft, as well as a letter to the members of Congress. It would create a new Authorization for the Use of Military Force (AUMF).

The force that Obama requested would be “limited”–although that term is obviously very vague. Essentially, what the Obama Administration is looking for is a three-year long military campaign against ISIS. There wouldn’t be a mass invasion, but rather air force and limited ground support. Particularly, Obama mentioned that U.S. forces would be used for matters “such as rescue operations” or “Special Operations forces to take military action against ISIL leadership.” Obama also acknowledged that the emphasis should be on supporting local forces, not sending in American troops, saying, “local forces, rather than U.S. military forces, should be deployed to conduct such operations.”

It’s important to note that American forces have been present in the fight against ISIS for a long time now. Obama had previously justified those actions based on the authorizations of force granted to President George W. Bush after 9/11. This new authorization would provide an update, and serve as a political point for Obama. As he puts in the letter:

Although my proposed AUMF does not address the 2001 AUMF, I remain committed to working with the Congress and the American people to refine, and ultimately repeal, the 2001 AUMF. Enacting an AUMF that is specific to the threat posed by ISIL could serve as a model for how we can work together to tailor the authorities granted by the 2001 AUMF.

Essentially what that means is that Obama still wants to curtail that original 2001 AUMF, which has been decried by many as being too broad, but still be able to use force against ISIS.

The president explained in the letter that the motive behind asking for this authorization to act against ISIS is based on the threat that the group poses to the region, and by extension, the world. He also brought up the actions that ISIS has taken against Americans–particularly the executions of American citizens James Foley, Steven Sotloff, Abdul-Rahman Peter Kassig, and Kayla Mueller, all taken as ISIS hostages. Foley and Sotloff were both journalists; Kassig and Mueller were humanitarians and aid workers. News of Mueller’s death came just a few days ago, although unlike the male American hostages, a video was not released of her execution.

So far, political responses to Obama’s request seem tepid at best from Republicans and Democrats alike. Many are aware of the incredible unpopularity of the Afghanistan and Iraq wars at this point. Obama has, at various points, been criticized for being too hesitant and too active in the fight against ISIS. Speaker of the House John Boehner said about the request:

Any authorization for the use of military force must give our military commanders the flexibility and authorities they need to succeed and protect our people. While I believe an A.U.M.F. against ISIL is important, I have concerns that the president’s request does not meet this standard.

Many Democrats were also less than enthused by the request, many of whom appear to think that it’s still too broad. Senator Robert Menendez (D-NJ) stated: “Part of the feedback they’re getting from some members will be unless that is further defined, that might be seen as too big a statement to ultimately embrace.”

There’s a twofold need to balance here. First of all, it’s not surprising that within this hot-blooded, acrimonious political environment disagreements would be obvious. The politics here don’t surprise me. But what’s important to remember is that while Democrats and Republicans, and everyone in between, may fight about what to do against ISIS, no one really has an answer. We haven’t quite figured out how to fight terrorist groups yet; honestly the only thing that can be said with certainty is that they’re not like conventional conflicts. It’s hard to determine whether Obama’s action is right or wrong, and it’s just as difficult to determine which of his critics are right. That being said, what almost certainly won’t work against ISIS is doing nothing–a step toward action is probably a step in the right direction.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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