Lawmakers have suggested the move may be grounds for the Arkansas House to begin impeachment proceedings, saying the demonstration and a blog post Griffen wrote on the death penalty last week may amount to "gross misconduct" under the state constitution.
As for the second prong, Baker said federal appeals courts had developed different definitions of available alternatives.
Arkansas' attorney general says she will seek an "immediate review" of a state Supreme Court decision that halted two executions set for Monday, though several other legal obstacles remain for the state to carry out its plan.
Death penalty opponents have criticized the scheduling, while former corrections officials urged the state to rethink the timeline, warning that it heightened the chances of a mistake. Rutledge said in a status update with the 8th U.S. Circuit Court of Appeals that she believes the state court's ruling was based on a misinterpretation of federal law.
"Appellees have had multiple opportunities to challenge their convictions, sentences, and - critically - their method of execution".
The Department of Corrections in Arkansas is gearing up to put at least one man to death on Monday night despite a number of legal hurdles that stand in the way of the state's planned executions.
As of now, both Griffen's temporary restraining order issued Friday, which directs the prison system not to use a paralyzing drug until the court can determine whether the state had obtained it properly, and U.S. District Judge Kristine Baker's injunction Saturday that halts all the executions are blocking the state's actions.
The inmates lost on some claims, including one that their lawyers couldn't provide adequate counsel under the state's schedule and that the tight timetable itself was improper.
Each of these drugs has prompted controversy in this case, but none more than midazolam.
Arkansas Gov. Asa Hutchinson, a Republican, is pushing back on criticism and says the state has waited long enough - in some cases, more than two decades, for justice.
Writing in a dissent, Associate Justice Shawn Womack lamented the court's ruling. The execution orders were to expire at midnight.
The other drugs involved have also prompted criticism. The judge ruled after McKesson Medical-Surgical alleged the state had duped the company into providing the drug, which is used to stop the inmate's breathing.
In Glossip, the Supreme Court said a federal court did not commit clear error when it found no substantial risk of severe pain from use of the drug midazolam.
Lawyers for the state have appeals pending before the 8th U.S. Circuit Court of Appeals and the state Supreme Court.
She said Mr. Griffen attended a 2 p.m. Friday rally at the state capitol in Little Rock before issuing the temporary restraining order at about 4:25 p.m., then resurfaced at an evening protest outside the governor's mansion.
"The current schedule does not conform to the standards followed in a civilized society", they wrote. This decision has caused lots of debate as families of the victims were relieved to finally get justice while those opposed to capital punishment spoke out against the practice.
The executions had originally been expected to start on Monday. The court had issued the stay on Friday. A relative of Daniel's declined to be interviewed. After his lethal injection, the state meant to execute Bruce Ward, 60, who was sentenced to death in October 1990 after being convicted of killing Rebecca Doss, an 18-year-old convenience store clerk. In its filing, Arkansas said a lower court abused its discretion when it blocked the state from carrying out its plan to put the inmates to death this month.
Ward's attorneys have argued he is a diagnosed schizophrenic with no rational understanding of his impending execution. Arkansas is appealing and seeking to have that stay vacated.
The state has not said whether it will appeal a federal judge's decision to grant a stay to another inmate, Jason McGehee, who had won a clemency recommendation from the state Parole Board.