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On Tuesday the US supreme court removed the stay, allowing the execution to go ahead.
Beyond that, there are serious questions about whether the federal government will allow the execution to go ahead.
But Judge Boggs dissented from that decision, saying that the three-judge panel, on which he did not sit, would have allowed the execution to go forward.
The US supreme court is allowing an Arizona execution to go forward amid a closely watched first amendment fight over the secrecy surrounding lethal injection drugs.
But China's highest court, the Supreme People's Court, rejected a last-minute appeal from the family and British officials and allowed the execution to go ahead as scheduled.
The state then immediately appealed the stay to the full panel of the eighth circuit, which duly overturned the earlier ruling and allowed the execution to go ahead by a majority vote of seven to four.
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The governor, a physician who served two previous terms, from 1995 to 2003, noted that he had allowed the two earlier executions to go forward under his watch.
No matter what the composition of the panel, Republican appointees are much more likely to vote to uphold restrictions on abortion and to permit executions to go forward.
State officials said those cases had been backlogged in the legal system until court rulings allowed the executions to go forward.
Governor Kitzhaber, an emergency room doctor, is an opponent of the death penalty, but during an earlier stint as governor from 1995 to 2003, he allowed two executions to go forward.
Saudi sources say that King Salman, who came to the throne a year ago, signed the royal decrees allowing the executions to go ahead because of mounting public pressure to get tough.
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