Missouri Supreme Court Rules Lethal Injection Protocol Not Subject to Rulemaking

Summary

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A divided Missouri Supreme Court has removed a hurdle to resuming executions in the state.

In a 4-3 decision issued Tuesday, the high court said the Department of Corrections protocol establishing how executions are to be conducted in Missouri is not a rule. That means the department was not required to seek public comment before adopting it.

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Missouri Supreme Court Rules Lethal Injection Protocol Not Subject to Rulemaking

"The matter is now in the hands of the state Supreme Court to set execution dates," Travis Ford, spokesman for Attorney General Chris Koster, said Tuesday. Gov. Jay Nixon, when he was attorney general, already requested execution dates for 13 of the 17 inmate plaintiffs, Ford said. There are "no legal obstacles" to prevent the Supreme Court from doing so, he sa...

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