Full US 6th Circuit Court of Appeals refuses to reconsider dismissal of lawsuit challenging Ohio's lethal injection protocol

Today's order refuses an en banc (full court) rehearing of the court's earlier 3-judge panel dismissal of the Cooey v. Taft case challenging Ohio's lethal injection protocol.  Today's ruling is here (3-page pdf).  (Judges Gilman, Martin, Daughtrey, Moore, Cole and Clay dissented and would have allowed a full court rehearing.)

Today's ruling upholds the court's March 2, 2007, 3-judge panel ruling by the court, which ordered dismissal of the lethal injection lawsuit based on a strict interpretation of a statute-of-limitations restriction set by the AEDPA (Anti-Terrorism and Effective Death Penalty Act).

• March 2 ruling dismissing the suit is here (17-page pdf).
• Earlier coverage here.

Important note:  Today's ruling could lead to setting of new execution dates for several inmates who had been allowed inclusion in the lawsuit (which has been on hold in US District Court pending the 6th Circuit's ruling).  Today's ruling may also result in the lifting of stays of execution currently in effect for Richard Cooey, Jeffrey Hill, Jerome Henderson, and Kenneth Biros.  (It's not clear if the stays currently in effect will remain in place while attorneys attempt an appeal to the US Supreme Court.)

The Cooey v. Taft suit sought to have an evidentiary hearing in US district court to examine Ohio's lethal injection protocol - something that has never been done.  Once again, an attempt to take an honest and open look at what Ohio is doing with executions has been prevented.  In how many more ways must it be demonstrated that - from bottom to top - this system does not work before the Governor of Ohio steps up, takes responsibility and shuts it down?