(AP) — The ACLU of Nebraska is calling on the state to surrender its supply of a lethal injection drug in the wake of a federal appeals court ruling this week.
The group said Wednesday that it has requested records from the state to see whether Nebraska has obtained any additional drugs since March. As of March, the Nebraska Department of Correctional Services had two batches, one set to expire in May and another in December.
The request followed the appeals court ruling on Tuesday, which said the U.S. Food and Drug Administration shouldn’t have allowed the foreign-made sodium thiopental to be imported without inspection for use in executions.
The ACLU says the ruling makes it unlikely that the state’s existing supply would withstand a legal challenge.