IN RE FED. BUREAU OF PRISONS' EXECUTION PROTOCOL

No. 20-5329.

980 F.3d 123 (2020)

IN RE: in the Matter of the FEDERAL BUREAU OF PRISONS' EXECUTION PROTOCOL CASES, James H. Roane, Jr., et al., Appellants v. William P. Barr, Attorney General, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 18, 2020.


Attorney(s) appearing for the Case

Alexander C. Drylewski , New York, NY, argued the cause for appellants. With him on the briefs were Jonathan L. Marcus , Shawn Nolan , Jonathan C. Aminoff , Paul F. Enzinna , Washington, DC, Ginger D. Anders , Jonathan S. Meltzer , Brendan Gants , Amy Lentz , Washington, DC, Matthew Lawry , Philadelphia, PA, Gerald W. King, Jr. , Jeffrey Lyn Ertel , and Evan Miller .

Melissa N. Patterson , Attorney, U.S. Department of Justice, argued the cause for the appellees. With her on the brief were Jeffrey Bossert Clark , Acting Assistant Attorney General, Sopan Joshi , Senior Counsel to the Assistant Attorney General, and Amanda L. Mundell , Attorney.

Opinion concurring in part, concurring in the judgment, and dissenting in part filed by Circuit Judge Rao.


In July 2019, eight years after federal executions were put on hold due to the government's inability to acquire one of the drugs for its then-existing lethal injection protocol, the Department of Justice announced a revised protocol for execution by lethal injection using a single drug, pentobarbital. Plaintiffs, thirteen federal death row...

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