State lawyers want an entire appeals court to review Ohio's new and twice-rejected lethal injection process as the state struggles to resume executions.
The attorney general's office asked the full 6th U.S. Circuit Court of Appeals in Cincinnati late Tuesday to hear Ohio's appeal of a judge's decision deeming the proposed use of a contested sedative called midazolam unconstitutional.
A three-judge panel of the court ruled 2-1 earlier this month to side with the judge and reject the process.
The state says the U.S. Supreme Court has previously ruled the use of midazolam constitutional.
State lawyers also disagree with rulings that say Ohio is barred from using two other lethal drugs after abandoning them years ago.