Arizona inmate Jeffrey Landrigan was scheduled to die at 10 a.m. Arizona time Tuesday.
His execution remains on hold after a federal judge issued a stay. The Arizona Department of Corrections is awaiting word whether to carry out the execution at the state prison in Florence.
Earlier Tuesday, the state filed a motion with the U.S. Supreme Court to lift U.S. District Judge Roslyn Silver’s order blocking the execution.
Landrigan’s attorneys filed a complaint challenging the use of sodium thiopental from an unidentified foreign manufacturing source that is not approved by the U.S. Food and Drug Administration.
The motion says Silver’s order should be lifted because the U.S. Supreme Court has made clear that FDA approval is irrelevant in the context of drugs used in an execution.